Case information

Charter – Administrative law – Motion for an extension to grant an application for judicial review – Prematurity – Whether an administrative tribunal exceeds its authority if it converts a review to a hearing de novo – Whether the denial of a review process in favor of a hearing de novo violates s. 7 and 11(h) of the Charter – What constitutes exceptional or rare circumstances justifying the court’s intervention in ongoing administrative tribunal process – Whether a judge exceeds its discretion by finding that the prematurity principle applies on the basis of an incomplete record – Whether judicial review is the only effective remedy to address an administrative tribunal’s jurisdictional excesses – Whether a court breaches its constitutional duty to ensure administrative tribunals act within their jurisdiction if it fails to rule on a pure question of law – Whether the Court of Appeal failed to address a conflict of interest and, if so, what the implications are.

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 Registration Committee of the College of Paramedics of Nova Scotia denied Ms. Hogg's application for registration and licensure as a paramedic. Ms. Hogg appealed to the Registration Appeal Committee. A dispute arose as to the nature of the appeal hearing and, by extension, the scope of the evidence permitted. The Registration Appeal Committee ultimately decided that the appeal would proceed with a hearing de novo, permitting the parties to present new evidence. Ms. Hogg appealed this decision to the Nova Scotia Court of Appeal. The appeal was dismissed for want of jurisdiction.

Ms. Hogg filed a motion for an extension of time to file an application for judicial review. The Supreme Court of Nova Scotia dismissed Ms. Hogg’s application on the basis that there was a significant concern that the motion and related attempt to seek judicial review was premature. The Nova Scotia Court of Appeal dismissed the appeal. The court found that the judge did not err in law in applying the prematurity principle and that no patent injustice results from the decision. It held that whether Ms. Hogg’s objections have merit awaits the Registration Appeal Committee’s process, which has not yet occurred.