COURT FILE NO.: 603/02

DATE: 20031124

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

DUNNET, FERRIER AND PITT JJ.

B E T W E E N:

NARIMAN LALA, BENJAMIN GOMIZELJ, BRIAN CARTY AND SUSAN ABE

Applicants

• and -

COLLEGE OF PHYSIOTHERAPISTS OF ONTARIO

Respondent

Gordon Slemko, for the Applicants

Bernard LeBlanc, for the Respondent

HEARD: November 24, 2003

DUNNET J.: (Orally)

1This is an application for an order in the nature of certiorari quashing the order of the Executive Council of the College of Physiotherapists of Ontario, whereby an investigator was appointed to inquire into and examine the physiotherapy practices of the applicants, pursuant to sections 75 and 79 of the Regulated Health Professions Act, S.O. 1991, c.18 and for an order staying the proposed investigations.

2The only issue in this application relates to the basis for the appointment of an investigator. This Court has consistently followed a well-established line of authority against a piecemeal approach to the judicial review of administrative action. In the absence of exceptional circumstances, it is preferable to allow administrative proceedings to run their full course before the tribunal and to consider the legal issues arising from the proceeding, including procedural matters, against the backdrop of a full record and a reasoned decision of the tribunal.

3In our view, no exceptional or extraordinary circumstances have been demonstrated. Accordingly, this application is dismissed as premature. Costs to the respondent are fixed at $1,500.

DUNNET J.

FERRIER J.

PITT J.

Date of Reasons for Judgment: November 24, 2003

Date of Release: December 1, 2003

COURT FILE NO.: 603/02

DATE: 20031124

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT