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Medical Professionals (RHPA) - Audiologists - Cases

. Berge v. College of Audiologists and Speech-Language Pathologists of Ontario

In Berge v. College of Audiologists and Speech-Language Pathologists of Ontario (Div Ct, 2022) the Divisional Court held that judicial review in administrative proceedings is premature until they are complete:
[7] We find that the application is premature. It is well established that, absent exceptional circumstances, a court should not interfere in administrative processes until they are complete. The authorities supporting this proposition are based on the sound policy of allowing administrative proceedings to run their full course before a tribunal, and for the courts to consider the legal issues arising from an administrative proceeding, including procedural matters, based on a full record and a reasoned decision of the tribunal. This approach prevents fragmented and piecemeal review of administrative proceedings. See, for example: Volochay v. College of Massage Therapists of Ontario, 2012 ONCA 541, 111 O.R. (3d) 561, at paras. 68-70; Walia v. College of Veterinarians of Ontario, 2020 ONSC 8057 (Div. Ct.) at para. 38; Bannis v. Ontario College of Pharmacists, 2020 ONSC 6115 (Div. Ct.) at para. 9.

[8] In our view, no exceptional circumstances have been demonstrated by the applicant.

[9] Where the issue is the appointment of an investigator it is preferable to allow the administrative proceedings to run their full course: Lala v. College of Physiotherapists of Ontario, 2003 CanLII 37231 (Ont. Div. Ct.) at para. 2.

[10] The College’s investigation is ongoing. The next step will involve the Registrar of the College reporting the results of the investigation to the College’s Inquiries, Complaints and Reports Committee (the “ICRC”), pursuant to s. 79(a) of the Code. Once the ICRC is presented with the Registrar’s report, the ICRC will determine how to dispose of the matter. Under ss. 26(1) of the Code, the ICRC has several options, including referring specified allegations of misconduct to the College’s Discipline Committee, requiring the applicant to appear before the ICRC to be cautioned, taking no action, or taking other action that the ICRC considers appropriate and not inconsistent with the College’s governing legislation.

[11] It is unknown at this stage of the investigation what action, if any, the ICRC will take as a result of the investigation, as the ICRC has not yet been presented with the report of the investigation by the Registrar. If the College refers the matter to the Discipline Committee, the applicant will be entitled to procedural fairness and a full opportunity to respond to any allegations against her pursuant to ss. 38-56 of the Code.

[12] The applicant’s application is premature.


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