Dheeraj Kumar Mittal v. Minister of Health

(Federal) (Civil) (By Leave)




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Administrative law – Judicial review – Bias – Procedural fairness – What is the proper test for bias on judicial review, how is that test to be applied, and, to what extent must a biased decision-maker be involved in the decision-making process before the decision can be considered tainted – Whether decision tainted by procedural unfairness?

Mr. Mittal is a dentist licensed in Manitoba. He was registered with the Non-Insured Health Benefits Program as a dental services provider to registered First Nations and recognized Inuit and Innu persons. His status was terminated and his name was placed on a “Do Not Register” list on December 2, 2008, after an audit found that he made unsupported claims under the Program. Mr. Mittal has applied several times to be re-enrolled as a dental provider under the Program. On October 10, 2013, Health Canada’s First Nations and Inuit Health Branch in Manitoba confirmed the dismissal of his request for re-enrolment. Mr. Mittal applied for judicial review. His application was dismissed. The Federal Court of Appeal dismissed an appeal.

Lower Court Rulings

May 1, 2015
Federal Court

T-1785-13, 2015 FC 571
Application for judicial review dismissed
March 2, 2016
Federal Court of Appeal

A-255-15, 2016 FCA 70
Appeal dismissed