McKay-Clements (2003), 179 O.A.C. 288 (Ont. Div. Ct, single judge)
Practice & Procedure Before Administrative Tribunals - Macaulay, Sprague & Sossin - cites McKay-Clements, Megens, Poulton twice, McNamara twice
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,  O.J. No. 5114 (Ont. Div. Ct., single judge); corrigendum at  O.J. No. 5114.