Natasha Danson

The appellant appealed a decision of the Health Professions Appeal and Review Board confirming the refusal of his application for registration as a Traditional Chinese Medicine Practitioner and Acupuncturist.

The appellant had failed the required prior learning assessment process (PLAR) case study assessment twice.

On appeal, he argued the Board erred in denying his request for an adjournment and in finding he did not meet the registration requirements.

The Divisional Court dismissed the appeal, finding no error in the Board's discretionary decision to deny the adjournment or its reliance on the PLAR competency assessments.

The College of Veterinarians appealed a decision of its Discipline Committee excluding evidence against a veterinarian accused of possessing child pornography.

The evidence was obtained by police during a criminal investigation that was later withdrawn due to a conceded s. 8 Charter breach.

The Discipline Committee excluded the evidence under s. 24(2) of the Charter, relying on a case (Viscomi) to find the police search warrant application was materially misleading.

The Divisional Court held that the Committee's reliance on Viscomi was wrong in law, rendering its s. 24(2) Grant analysis unreasonable.

The appeal was allowed and the matter remitted for a new hearing.

The appellant appealed a summary judgment dismissing his negligence action against the Association of Professional Engineers of Ontario (APEO) regarding the processing of his engineering license application.

The motion judge found that the APEO owed no duty of care, or alternatively, was protected by statutory immunity under s. 45(1) of the Professional Engineers Act absent bad faith.

The Court of Appeal agreed that there was no evidence of bad faith, malice, or abuse of power by the APEO.

The appeal was dismissed with costs.

The respondent Association brought a motion to quash the applicant's application for judicial review of a Registration Committee decision denying his registration as a professional geoscientist.

The court granted the motion, finding the application manifestly premature because the applicant had an adequate alternative remedy through a statutory appeal to the Council of the Association, which he had already commenced but adjourned.

Costs of $5,000 were awarded to the Association.