The applicant physician brought an application for judicial review regarding a referral to the Discipline Committee of the College of Physicians and Surgeons of Ontario.
The applicant argued that the Associate Registrar lacked the statutory authority to appoint investigators and lacked reasonable and probable grounds to do so.
The Divisional Court dismissed the application as premature, holding that the threshold jurisdictional issues could and should be raised before the Discipline Committee prior to any hearing on the merits.
Costs of $5,000 were awarded to the respondent College.
