The appellant, a dental school graduate, appealed the dismissal of his application for an injunction to compel the National Dental Examining Board of Canada to grant him a "Special Appeal" of his failed written exams.
The motion judge had struck the application, finding no reasonable cause of action as the Board's by-laws did not provide a substantive right to a "Special Appeal" for written exam failures.
The Court of Appeal upheld the motion judge's decision, agreeing that the by-laws, when read as a whole, did not establish such a right, and therefore, the application for injunctive relief failed.
