Kagda Holdings Ltd. v. Ontario, (1984) 5 O.A.C. 354 (DC)

Judge:Henry, Eberle and Callaghan, JJ.
Court:Superior Court of Justice of Ontario
Case Date:September 13, 1984
Jurisdiction:Ontario
Citations:(1984), 5 O.A.C. 354 (DC)
 
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Kagda Holdings Ltd. v. Ont. (1984), 5 O.A.C. 354 (DC)

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 Divisional Court

Henry, Eberle and Callaghan, JJ.

September 13, 1984.

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 Home's 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 allowed the appeal, held that the board could not make such a probation order, and directed the Minister to carry out his proposal.

Administrative Law - Topic 9063

Boards and tribunals - Jurisdiction of particular boards and tribunals Nursing Homes Review Board (Ont.) - The Ontario Divisional Court 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.

Cases Noticed:

Arnold and the Registrar of Real Estate and Business Brokers, Re (1977), 16 O.R.(2d) 342, ref'd to. [para. 4].

Registrar of Used Car Dealers and Salesmen and Robert Rowe Motors Ltd., Re, [1973] 1 O.R. 308, ref'd to. [para. 4].

Statutes Noticed:

Health Facilities Special Orders Act, S.O. 1983, c. 43, sect. 6(c), sect. 12(3) [para. 5]; sect. 10(6) [para. 3]; sect. 13(2) [para. 2].

Counsel:

Michael W. Bader, for the Minister of Health;

R.D. Manes, for Kagda Holdings Limited;

Michael G. Horan, for Nursing Homes Review Board.

This appeal was heard on July 3 and 4, 1984, before Henry, Eberle and Callaghan, JJ., of the Ontario Divisional Court. The decision of the Divisional Court was delivered orally by Eberle, J., and the decision released on September 13, 1984:

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