Case information
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41653
Hocine Benbella v. National Dental Examining Board of Canada
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-12-02 | Close file on Leave | |
| 2025-11-28 |
Decision on the objection to the taxation of the bill of costs, Ja, UPON APPLICATION by the applicant, dated September 28, 2025, to review and set aside taxation of costs under Rule 84(2) of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2025-11-28 | Submission of objection to taxation of bill of costs, Ja | |
| 2025-09-29 | Objection to the taxation of the bill of costs, (Letter Form), Completed on: 2025-10-02 | Hocine Benbella |
| 2025-09-19 | Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation | |
| 2025-09-18 | Certificate of taxation issued to, Brandon Barnes Trickett | |
| 2025-09-18 | Decision on the bill of costs, in the amount of $1,003.20, Reg | |
| 2025-09-18 | Submission of the bill of costs, Reg | |
| 2025-06-24 | Bill of costs, (Letter Form), Completed on: 2025-06-26, (Printed version filed on 2025-06-24) | National Dental Examining Board of Canada |
| 2025-06-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-06-05 | Judgment on leave sent to the parties | |
| 2025-06-05 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M55159, 2025 ONCA 43, dated January 21, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2025-04-28 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-02-27 | Certificate (on limitations to public access), 23A, (Printed version filed on 2025-02-27) | National Dental Examining Board of Canada |
| 2025-02-27 | Notice of name, (Printed version filed on 2025-02-27) | National Dental Examining Board of Canada |
| 2025-02-27 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - Proof of service (Rec 02-28-2025), Completed on: 2025-02-28, (Printed version filed on 2025-02-27) |
National Dental Examining Board of Canada |
| 2025-01-29 | Supplemental document, Email | Hocine Benbella |
| 2025-01-29 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED | |
| 2025-01-27 | Supplemental document, Self-Rep questionnaire | Hocine Benbella |
| 2025-01-27 | Certificate (on limitations to public access) | Hocine Benbella |
| 2025-01-27 | Application for leave to appeal, (Book Form), Completed on: 2025-01-27 | Hocine Benbella |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Benbella, Hocine | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| National Dental Examining Board of Canada | Respondent | Active |
Counsel
Party: Benbella, Hocine
This party is not represented by counsel.
Party: National Dental Examining Board of Canada
Counsel
Thomas (Tom) Nichini
77 King St West
Suite 400
Toronto, Ontario
M5K 0A1
Telephone: (416) 863-4791
Email: brandon.barnestrickett@dentons.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Civil Procedure — Pleadings — Applicant’s application struck — Whether there was procedural unfairness — Whether the lower courts erred?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicant was a candidate for admission to the dentistry profession. The respondent administers the examinations required for admission to that profession. The applicant failed written examinations administered by the respondent. Pursuant to the respondent’s bylaws, the sole route of appeal of a failing grade in such examinations is a request by the applicant to have the examination remarked. The applicant made this request. The results did not change. The applicant commenced an application seeking an order requiring the respondent to hear a substantive appeal of the applicant’s examination results. This application was struck for disclosing no reasonable cause of action. The applicant was ordered to pay costs into court pending the determination of the appeal. The Court of Appeal dismissed the applicant’s appeal and ordered costs be paid to the respondent. The applicant did not pay the costs award. The Court of Appeal dismissed the applicant’s motion to admit fresh evidence. The Court of Appeal ordered the payment out of court of the applicant’s costs security to satisfy the outstanding costs orders in favor of the respondent.
Lower court rulings
Ontario Superior Court of Justice
CV-19-006306750000
Applicant’s application struck with fixed costs in the amount of $9000
Court of Appeal for Ontario
C70489), M55159
Pursuant to s. 2.1.01 of the Rules of Civil Procedure, the applicant’s fresh evidence motion dismissed as being on its face frivolous, vexatious and an abuse of the process of the court; fixed costs in the amount of $3000 ordered
Respondent’s motion to amend the order of February 2, 2022 granted, allowing the respondent to recover the SCJ costs order from the security for costs; fixed costs in the amount of $2000 ordered
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available