The appellants brought a motion to a full panel of the Divisional Court under s. 21(5) of the Courts of Justice Act to set aside an order of a single judge.
The single judge had quashed their appeal from an interlocutory order of the Discipline Committee of the Ontario College of Pharmacists refusing production of third party records, and refused to convert the appeal into an application for judicial review.
The full panel upheld the quashing of the appeal, agreeing it was an interlocutory order.
However, the panel set aside the refusal to convert the appeal into an application for judicial review, finding that the appellants raised an arguable point regarding procedural fairness and the need for third party records to effectively cross-examine key witnesses.
