Paul West

The plaintiffs brought a motion for directions, seeking a review of a single judge's decision that refused to reopen their case and extend time.

The Court of Appeal dismissed the motion, holding that the appeal had already been decided in 1998 and the principles of res judicata and issue estoppel prevented the court from rehearing the matter.

The applicant sought judicial review of a decision by the Health Professions Appeal and Review Board, which upheld a Complaints Committee's finding of no misconduct by his treating physicians.

The applicant argued that the Committee breached procedural fairness by withholding the identity of an independent assessor, thereby preventing cross-examination.

The Divisional Court dismissed the application, holding that the Committee exercises a screening function and owes a limited duty of procedural fairness to complainants, which does not include the right to cross-examine an assessor.