COURT FILE NO.: 586/06
DATE: 20070125
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MATLOW, JENNINGS AND FERRIER JJ.
B E T W E E N:
THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
Applicant
- and -
SLEEP DISORDERS CENTRE OF METROPOLITAN TORONTO, SLEEP DISORDERS CENTRE – BRAMPTON, SLEEP DISORDERS CENTRE – RICHMOND HILL, SLEEP DISORDERS CENTRE – OTTAWA, THE DIRECTOR, INDEPENDENT HEALTH FACILITIES PROGRAM, HEALTH SERVICES APPEAL AND REVIEW BOARD
Respondents
Richard Steinecke and Bernard C. LeBlanc, for the Applicant
Neil M. Abramson and Jillian Evans, for the Sleep Disorder Centres
Lise Favreau, for the Director, Independent Health Facilities
Melanie Hubbard, for the Health Services Appeal and Review Board
HEARD at Toronto: January 25, 2007
MATLOW J.: (Orally)
[1] We are all of the view that this application should be dismissed because it is premature and that the hearing before the tribunal should be permitted to proceed to its finality.
[2] We are not persuaded that any significant harm or breach of natural justice would occur to anyone by reason of our refusal to decide the issue raised by this application. In particular, the report in issue has already been disclosed to the respondents.
[3] The submissions which we have already heard, those of the applicants and those of the Director, raise the likelihood that regardless of how we would rule on the issue before us, related issues would nevertheless arise during the balance of the hearing before the tribunal.
[4] This leads us to conclude that it would be better to allow all such issues to be determined by the tribunal based on a full and complete record.
[5] I endorse the application record as follows: “This application is dismissed. If the parties cannot resolve the issue of costs, written submissions can be exchanged and filed within one month.”
MATLOW J.
JENNINGS J.
FERRIER J.
Date of Reasons for Judgment: January 25, 2007
Date of Release: January 29, 2007
COURT FILE NO.: 586/06
DATE: 20070125
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
MATLOW, JENNINGS AND FERRIER JJ.
B E T W E E N:
THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
Applicant
- and -
SLEEP DISORDERS CENTRE OF METROPOLITAN TORONTO, SLEEP DISORDERS CENTRE – BRAMPTON, SLEEP DISORDERS CENTRE – RICHMOND HILL, SLEEP DISORDERS CENTRE – OTTAWA, THE DIRECTOR, INDEPENDENT HEALTH FACILITIES PROGRAM, HEALTH SERVICES APPEAL AND REVIEW BOARD
Respondents
ORAL REASONS FOR JUDGMENT
MATLOW J.
Date of Reasons for Judgment: January 25, 2007
Date of Release: January 29, 2007