CITATION: Tupper v. The Health Professions Appeal and Review Board, 2023 ONSC 1960

DIVISIONAL COURT FILE NO.: 21-401-ML

DATE: 20230323

SUPERIOR COURT OF JUSTICE – ONTARIO

DIVISIONAL COURT

RE: MARGARET TUPPER, Applicant

AND:

THE HEALTH PROFESSIONS APPEAL AND REVIEW BOARD AND THEODORE RAPANOS, MD, Respondents

BEFORE: R.S.J. Ellies, Backhouse and Lederer JJ.

COUNSEL: Michael D. Wright, Nora Parker, Agent for the Applicant Mark M. Persaud, for the Applicant David Jacobs and Steven G. Bosnick, for the Respondent The Health Professions Appeal and Review Board Sean Blakeley, for the Respondent Theodore Rapanos, MD

HEARD: in writing

ENDORSEMENT

[1] The adjournment request will be granted. The following timetable will be imposed on the parties by agreement:

(a) The applicant will deliver her materials on or before April 14, 2023.

(b) The respondent, Dr. Rapanos will deliver his materials on or before May 12, 2023.

(c) The Board will deliver its materials on or before May 26, 2023.

[2] The matter will be remitted to the court office along with our request that the earliest possible date be set for a hearing.

[3] With respect to the issue of costs, given the inordinate delay that took place in this case and the reasons for the delay, my colleagues and I conclude that no costs order would be appropriate. We therefore order no costs on the motion.

Ellies R.S.J.

Backhouse J.

Lederer J.

Released: March 23, 2023