Ontario Civil

Administrative Law

Single judge could dismiss application for delay if case was clear

Motion by respondents to dismiss application for judicial review on grounds of delay. Following death of a chiropractic patient, an inquest was held and jury reached verdict and made recommendations in 2004. Applicant association and college applied for judicial review but had not yet perfected applications. Applicants argued single judge lacked jurisdiction to dismiss application for delay and delay was justified by difficulty obtaining transcripts of inquest. Motion allowed. Case law established single judge could dismiss an application for delay if case was clear. Delay in this case was extremely significant and inordinate. While the applicants had some difficulty in obtaining transcripts, they had received all transcripts of proceedings before jury by 2007 and respondent’s counsel was very co-operative in helping them obtain evidence. By 2008, applicants were fully aware they would not be able to obtain transcripts of submissions made in absence of jury as there was no requirement for recording in such circumstances. From that point on, there was no reasonable explanation for the continued delay. Allowing the application to proceed after delay of this magnitude was prejudicial to family of deceased, parties to proceedings, treating chiropractor and public interest.

Canadian Chiropractic Assn. v. McLellan

(Nov. 9, 2011, Ont. S.C.J. (Div. Ct.), Harvison Young J., File No. 606/04) 209 A.C.W.S. (3d) 551 (11 pp.).

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