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JUDICIAL REVIEW AND DIVISIONAL COURT APPEALS LAWYER

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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Very Pleased Working with Rebecca

"I have been very pleased working with Rebecca. She worked very efficiently, professionally and cared for every step, as we went through the process with Ontario College of Pharmacists. Initially I thought I would be going through a nightmare ,when I received my paperwork from Ontario College of Pharmacists, but Rebecca made the process seamless and the outcome was positive. Thank-you Rebecca and I would highly recommend your excellent professional service to others."
- NP

Very Professional and Helpful

I hired Ms Rebecca Young regarding a legal matter in October 2015. I found her and the firm to be very professional and helpful. The whole process took about one year to resolve. I followed her advice and the outcome was in my favour. I would recommend her for her professionalism, knowledge and pleasant attitude. –
I.S.

Pleased with the Outcome

"Daniel, Thank you for your excellent work. I am pleased with the outcome. I didn’t feel ‘prosecuted’ and I believe that is due to your excellent advocacy skills and rapport with the Court."
- AF

Helped a Lot to Calm my Nerves

"I was accused by my former employer of interfering and damaging their computer systems. I was charged under the Criminal Code for mischief, unauthorized access and destruction of data, which was a very scary, stressful, and upsetting experience. I thought that my world was over and all the hard work I had done in my life was coming to an end. Mr. Frost’s initial consultation (which was no obligation and free of charge) helped a lot to calm my nerves and comfort me and my family in trying times. His team was very understanding, sympathetic, concerned and supporting, she always took my frantic phone calls with calmness and assurance and helped me understand the progress of my case clearly. At every step, I received sound professional advice. At the end of the case, the charges were dropped. As a result, I do not have a criminal record, my reputation is intact, and my current job is still secure. Words cannot truly express my gratitude for having such amazing lawyers. From explaining the terminology used in court, to sitting with me outside the court room when I couldn’t hold back my tears, they stood by my side. Thank you for exceeding my expectations, and then some."
– JS

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"We were very pleased with Mr. Frost’s representation. He provided us with the best possible legal representation. He was dedicated to obtaining a tremendous resolution in what was complex litigation while being always mindful that we required a cost-effective solution."
– BB

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"I was charged along with nine other physicians with fraud against OHIP. I was also the subject of a complaint before the College of Physicians and Surgeons arising from the same allegations. I was assigned counsel by the Canadian Medical Protective Association (CMPA). On the advice of a friend who was a Crown Counsel I insisted that I be allowed to retain Mr. Frost. I am very pleased that I was allowed to do so. Mr. Frost (together with Ms. Samantha Peeris) provided me with first class representation. He convinced the Crown to drop the charges against me. His office always kept me informed in a timely fashion of any developments. He clearly understood the impact of these allegations on my professional reputation. Mr. Frost always maintained a very low profile. Mr. Frost went on to represent me before the College of Physicians and Surgeons ensuring that no disciplinary was taken. I continue to practice medicine in my area of expertise." –
Dr. C

I was Relieved with his Representation

"I am a healthcare provider with a practice in the Greater Toronto Area, Ontario. I was represented by Mr. Frost before my professional licensing College with respect to a complaint by an insurance company. I was quite concerned that the complaint could affect my professional standing and reputation. Mr. Frost understood what needed to be done. He also understood the impact the complaint was having on me personally. He acted quickly. He was able to convince the College to take no further action. I was relieved that his representation was very low profile and my professional reputation was not undermined with the public or the College. As a result of his representation my status with that particular insurer was regularized."
– CC

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