Stephen N. Libin

The appellant appealed a decision of the Health Services Appeal and Review Board under the Independent Health Facilities Act.

The Divisional Court found that the Board erred in law by asking itself the wrong question, limiting its consideration to whether the Director had the authority to revoke the appellant's licence rather than whether the revocation was a reasonable exercise of discretion.

The court rescinded the Board's decision and remitted the matter back for a re-hearing, noting that the Board's process is a hearing where it may substitute its own opinion for that of the Director.