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What kind of cases does the Divisional Court hear?

The Divisional Court is a branch of the Ontario Superior Court of Justice, which sits as an appeal court rather than a trial court. The Divisional Court hears applications for Judicial Review and other appeals. Bringing an application for Judicial Review or an appeal to the Divisional Court is a complex process. You must ensure that the Divisional Court has the jurisdiction to hear your matter and that you comply with the Rules of the Divisional Court, which set out the materials that must be filed, the timeline for doing so, and the procedure the court will follow when hearing your matter.

Divisional Court Appeals Lawyer

In some cases, you may appeal a decision of the Inquiries, Complaints and Reports Committee (“the ICRC”) to the Divisional Court. In other cases you may seek to appeal a decision of the Health Professions Appeal and Review Board to the Divisional Court. Your avenue of appeal will often depend on whether a proceeding was initiated by a written complaint about your practice, or whether information was provided via a report to the Registrar of your professional College.

Judicial Review Lawyers for Ontario

In other cases, you may be seeking a Judicial Review of a decision made by an administrative decision maker such as the Executive Officer of the Ministry of Health and Long-Term Care. For example, you may wish to seek a judicial review if notice has been provided that your billing privileges will be terminated as a result of a Ministry Audit of your Pharmacy’s billing practices. The grounds for appeal and judicial review differ significantly, as do the filing requirements and materials needed to bring your matter before the Divisional Court.

Contact the lawyers at Damien Frost & Associates LLP to discuss whether you should be seeking an appeal or filing an application for Judicial Review before the Divisional Court. We can provide you with a legal opinion on the merits of your appeal or whether you have any basis to bring an application for Judicial Review. It is important to act quickly, as you will only have 30 days from the date of the decision to take action at the Divisional Court.

Applications for Judicial Review

If a decision has been made against you by an administrative decision maker that you are unhappy with, you may be able to bring an application for Judicial Review to set aside or vary that decision. For example, if you own a pharmacy or other healthcare clinic and the government has terminated your ability to operate or bill the Ontario Drug Plan, you should consult with our lawyers immediately to discuss the merits of an application for Judicial Review and keep your pharmacy or clinic in business.

Contact our lawyers today to discuss how we can assist you. In some cases you can obtain an emergency stay of the order made against you while the Judicial Review process is outstanding. Our lawyers have experience dealing with Judicial Reviews before the Divisional Court. We can provide you with an opinion on whether your application will be successful and ensure that your matter is handled professionally and discreetly. Applications for Judicial Review are complex are require specific materials to be filed in support of your application. Let us help you. Click here to schedule a free consultation to discuss your application for Judicial Review. We can also provide you with strategic advice before you launch an application for Judicial Review. If you believe a decision is forthcoming from the Ministry of Health or other government agency, we can assist you to ensure your business and professional reputation is protected.

Judicial Reviews are complex and difficult to navigate without the assistance of a lawyer. You will be required to show that the decision of the government or administrative decision-maker was unreasonable. It will not be enough to show that the Executive Officer of the Ministry of Health and Long-Term Care could have made a different decision. The Divisional Court will ultimately consider whether the decision made against you was a reasonable one. Trust our lawyers’ expertise to help protect your interests. We can help you identify the grounds for review, whether there was an error of law, a breach of the rules of natural justice, procedural unfairness, or if the administrative tribunal or decision-maker exceeded their jurisdiction. Do not leave your application for Judicial Review to chance. Contact our lawyers today to set up a free consultation.

Members of The Criminal Lawyers Association, Toronto Lawyers Association, Ontario Bar Association 
and Advocates' Society.


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