Kagda Holdings Ltd. v. Ontario, (1986) 13 O.A.C. 56 (CA)

• Judge: Dubin, Morden and Finlayson, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: February 07, 1986
• Jurisdiction: Ontario
• Citations: (1986), 13 O.A.C. 56 (CA)

Kagda Holdings Ltd. v. Ont. (1986), 13 O.A.C. 56 (CA)

MLB headnote and full text

Kagda Holdings Ltd. (carrying on business as the Ark Eden Nursing Home) v. Norton (Minister of Health)

Indexed As: Kagda Holdings Ltd. v. Ontario

Ontario Court of Appeal

Dubin, Morden and Finlayson, JJ.A.

February 7, 1986.

Summary:

The Minister of Health (Ont.), acting under the Health Facilities Special Orders Act, proposed to revoke a nursing home's licence, ordered a suspension of the licence pending a hearing by the Nursing Homes Review Board, and took over operation of the home. The Nursing Homes Board found that the home had fallen below the standard of competence required of it by statute but also decided that the home should have a three-month probation period to remedy the shortcomings. The Minister appealed, arguing that pursuant to s. 10(6) of the Health Facilities Special Orders Act, the board was limited to either directing the Minister to carry out his proposal or to direct him to refrain from doing so, but that the board could not order a period of probation.

The Ontario Divisional Court in a decision reported in 5 O.A.C. 354; 47 O.R.(2d) 493, allowed the appeal, held that the board could not make such a probation order, and directed the Minister to carry out his proposal. The nursing home appealed.

The Ontario Court of Appeal allowed the appeal, set aside the order of the Divisional Court and restored the order of the Nursing Homes Review Board.

Administrative Law - Topic 9063

Boards and tribunals - Jurisdiction of particular boards and tribunals - Nursing Homes Review Board (Ont.) - The Ontario Court of Appeal discussed the jurisdiction of the Nursing Homes Review Board to direct the Minister of Health on a hearing under s. 10(6) of the Health Facilities Special Orders Act - The court held that under s. 10(6) of the Act, the board had the power, prior to revoking the nursing home licence, to issue a probation order providing for the correction of operational deficiencies within a specified period - See paragraphs 15 to 19.

Statutes Noticed:

Health Facilities Special Orders Act, S.O. 1983, c. 43, sect. 6(b) [paras. 5, 10, 16]; sect. 6(c) [paras. 5, 11, 15]; sect. 10(1), sect. 10(3) [para. 2]; sect. 10(6) [paras. 3, 4, 6, 8, 17]; sect. 10(7) [paras. 3, 15]; sect. 12(3) [para. 7].

Counsel:

R.D. Manes and D.M. Golden, for the appellant;

Michael W. Bader and Martin H. Campbell, for the respondent.

This appeal was heard on January 21 and 24, 1986, before Dubin, Morden and Finlayson, JJ.A., of the Ontario Court of Appeal. On February 7, 1986, the following decision of the court was delivered orally by Morden, J.A.: