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JR - Not Against Reasons

. Gill v. Health Professions Appeal and Review Board

In Gill v. Health Professions Appeal and Review Board (Div Court, 2024) the Divisional Court dismissed two JRs challenging CPSO cautionary decisions regarding a doctor's social media COVID comments.

Here the court considers the non-justiciability of "no action" decisions (which appear to be non-upheld complaints), which may to be targeted against the reasons for decision:
[47] Judicial review is an extraordinary remedy that is available with respect to a decision, not its reasons. An applicant for judicial review who does not seek a different outcome from the decision-maker below cannot seek judicial review of that decision on the basis that she disagrees with the extent of its reasons (see GKO Engineering A. Partnership v. The Queen, 2001 FCA 73, at paras. 2-3; Rogerville v. Canada (Attorney General), 2001 FCA 142, at para. 28.

[48] Therefore, no judicial review is available in relation to the decisions where no action was taken.


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Last modified: 19-05-24
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