The applicant, a dentist residing in British Columbia, sought judicial review of the respondent board's refusal to consider her compassionate appeals regarding failed clinical judgement assessments.
The appeals were filed years after the assessments.
The Divisional Court dismissed the application on two primary grounds.
First, the court found it lacked jurisdiction as there was no real and substantial connection to Ontario, noting the matter should have been brought in British Columbia.
Second, the court held that the board lacked the authority to extend the one-week limitation period for compassionate appeals under the by-laws in effect at the time the assessments were completed.
