The applicant daycare sought judicial review of a Ministry of Education Director's decision refusing to approve its proposed supervisor.
The Director had previously revoked the supervisor's approval following an inspection.
When the daycare reapplied, the Director refused approval based on new, undisclosed concerns regarding absenteeism and past complaints that had not been raised as issues previously.
The Divisional Court granted the application, finding the Director breached the duty of procedural fairness by failing to provide notice of the case the applicant had to meet.
The matter was remitted to a different director for a fresh decision.
