The applicant career college sought judicial review of a decision by Accreditation Canada to revoke the accreditation of its Diagnostic Medical Sonography Program, and the Superintendent's subsequent decision to revoke the program's approval.
Accreditation Canada brought a motion to stay the judicial review proceedings under s. 7(1) of the Arbitration Act, relying on an arbitration clause in the accreditation contract.
The Divisional Court found that while the accreditation decision was an exercise of statutory authority with sufficient public character to be subject to judicial review, the technical requirements for a mandatory stay in favour of arbitration were met.
The court held that the arbitration agreement was not unconscionable and that the subject matter was capable of being arbitrated.
The motion to stay the judicial review was granted.
