Court File and Parties
CITATION: Fielden v. College of Physicians and Surgeons of Ontario, 2012 ONSC 5097
DIVISIONAL COURT FILE NO.: 248/12
DATE: 20120910
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, AITKEN AND LEDERER JJ.
BETWEEN:
ROBERT HARRY NEWELL FIELDEN, M.D.
Applicant
(Responding Party)
– and –
INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
Respondent
(Moving Party)
Ronald R. Price, Q.C., for the Applicant, (Responding Party)
Jesicca Amey, for the Respondent (Moving Party) College of Physicians and Surgeons of Ontario
HEARD at Toronto: September 10, 2012
Oral Reasons for Judgment
LEDERER J. (orally)
[1] There is a legislative scheme, it sets a process in place. It outlines the jurisdiction and authority of each of the decision-makers along the way. It is not appropriate to step outside that process (see Harelkin v. University of Regina, 96 D.L.R. (3d) 14 (S.C.C.) at para. 67 and B.K. v. Franklin, 2003 CarswellOnt 6048 and 16 Admin L.R. (4th) 228 (Div. Ct.) at paras. 12 and 13). This does not end the possibility of judicial review. It may be appropriate to judicially review the determination of the Health Professions Appeal and Review Board.
[2] Accordingly, the motion is granted. The judicial review is quashed. There is no determination made with respect to the merits. The judicial review is quashed without prejudice to the applicant commencing a new judicial review naming the Board as respondent but that is to be done within sixty days of today’s date.
ASTON J.
COSTS
[3] I endorse the Motion Record on behalf of the panel, “The motion is granted and the application for judicial review is quashed without determination on the merits and without prejudice to the applicant’s right to bring an application for judicial review of the decision of HPARB within the next sixty days. The applicant is to pay the moving party costs fixed at $3,500 all inclusive.”
LEDERER J.
ASTON J.
AITKEN J.
Date of Reasons for Judgment: September 10, 2012
Date of Release: September 17, 2012
CITATION: Fielden v. College of Physicians and Surgeons of Ontario, 2012 ONSC 5097
DIVISIONAL COURT FILE NO.: 248/12
DATE: 20120910
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
ASTON, AITKEN AND LEDERER JJ.
BETWEEN:
ROBERT HARRY NEWELL FIELDEN, M.D.
Applicant
(Responding Party)
– and –
INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
Respondent
(Moving Party)
ORAL REASONS FOR JUDGMENT
LEDERER J.
Date of Reasons for Judgment: September 10, 2012
Date of Release: September 17, 2012