CITATION: Al-Amin v. The National Dental Examining Board of Canada, 2021 ONSC 6784
DIVISIONAL COURT FILE NO.: 019/19 DATE: 20211012
ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT
Lederer, Favreau and Gomery JJ.
BETWEEN:
MOHAMMAD AL-AMIN
Muhammad Atique Malik, for the Applicant
Applicant
– and –
THE NATIONAL DENTAL EXAMINING BOARD OF CANADA
Sunny Cohen and Monica Song, for the Respondent
Respondent
HEARD at Toronto (video conference): October 12, 2021
Gomery, J. (Orally)
[1] The applicant Mohammad Al Amin seeks this Court’s review of a decision by the Executive Committee of the National Dental Examining Board of Canada on July 9, 2018. In its decision, the Committee refused to hear a compassionate appeal by the Applicant with respect to his failure of an exam administered by the Board in December 2017. The Board’s by-laws permit an appeal of such of an exam where a participant believes that he or she has been disadvantaged either immediately before or during an exam by unanticipated extenuating circumstances beyond his or her control. If an appeal is not filed within the first seven days after the exam, however, the participant is required to explain why the appeal was not filed within this deadline. In its decision, the Executive Committee found that the Applicant had not justified the filing of his appeal on April 25, 2018. It therefore declined to consider the merits of the Applicant’s appeal.
[2] Having reviewed the appeal record and materials filed, and having heard the Applicant’s submissions, the Court finds no basis to quash the Executive Committee’s decision. It was not required to give the Applicant a chance to make oral submissions, as the Board’s by-law 23.02 states that a request for compassionate appeal is made in writing. We also note that the Applicant did not seek an oral hearing in his submissions to the Executive Committee. We therefore do not find that the Applicant was denied procedural fairness, that there is any evidence of bias or reasonable apprehension of bias, or that his Charter rights were violated. We further find that the Executive Committee’s decision about the untimeliness of the appeal was reasonable, based on the materials before it.
[3] The application is accordingly denied. Counsel for the Board contends that she and the Applicant’s counsel have an agreement that the successful party would be entitled to costs of $15,000. The Court finds this amount excessive given the issues on the application. The Board is awarded $5000 in costs inclusive of fees, disbursements and HST.
___________________________ Gomery J.
I agree
Lederer J.
I agree
Favreau J.
Date of Oral Reasons for Judgment: October 12, 2021
Date of Release: October 14, 2021
CITATION: Al-Amin v. The National Dental Examining Board of Canada, 2021 ONSC 6784
DIVISIONAL COURT FILE NO.: 019/19 DATE: 20211012
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
Lederer, Favreau and Gomery JJ.
BETWEEN:
MOHAMMAD AL-AMIN
Applicant
– and –
THE NATIONAL DENTAL EXAMINING BOARD OF CANADA
Respondent
ORAL REASONS FOR JUDGMENT
Gomery J.
Date of Oral Reasons for Judgment: October 12, 2021
Date of Release: October 14, 2021