Peter Simm’s Exceptional Results When Winning Judicial Review
There’s winning … and then there’s winning.
The Divisional Court rarely grants judicial review. When it does, the Court quashes the tribunal’s decision. Typically, in that scenario, the Court additionally orders that the matter be reheard de novo by a fresh panel of the tribunal. In professional discipline cases, this means that the standard “winning” JR scenario is that the applicant’s torment is not at an end, but rather will continue in the form of a fresh disciplinary hearing.
Now THAT’S winning.
When quashing the Ontario Racing Commission tribunal’s decision in Megens, the Divisional Court notably refrained from requiring that Simm’s client be subjected to a rehearing by the ORC.
Remarkably, in Poulton, the Divisional Court precluded an ORC rehearing of charges against Simm’s client, writing “it is impossible to remedy the prejudice”.
Similarly, on the appeal in Richmond, the Divisional Court concluded: “Since the whole procedure leading up to the [College of Optometrists of Ontario] Discipline Committee hearing was flawed, the matter should not be sent back but the complaints against Dr. Richmond should be dismissed.”