McKay-Clements

Peter A. Simm was sole counsel for the successful Moving Party (Respondent on Judicial Review) in this motion to quash an Application for Judicial Review in McKay-Clements  (2003, Ont. Div. Ct., single judge).

His client was the statutory regulator of the only self-governing health profession in Ontario outside of the Regulated Health Professions Act.  After they purportedly dismissed a public complaint against a registrant, they retained Simm to deal with an Application for Judicial Review brought by the complainant.

Simm’s analysis of their unique statutory regime determined — to his client’s surprise — that the seemingly reasonable structure of their complaints/discipline process was ultra vires,  the impugned decision accordingly was a nullity, and judicial review was thus premature. The Court agreed, and Simm’s motion to quash efficiently ended the application.

McKay-Clements is cited in Macauley, Sprague & Sossin, Practice & Procedure Before Administrative Tribunals.

Full cite: McKay-Clements v. Board of Directors of Drugless Therapy-Naturopathy,  2003 CanLII 52264, 179 O.A.C. 288, 2003 CarswellOnt 5027, [2003] O.J. No. 5114 (Ont. Div. Ct., single judge); corrigendum at [2003] O.J. No. 5114.