Ressel v. Board of Directors of Chiropractic (Ont.), (1990) 41 O.A.C. 321 (DC)

• Judge: Callaghan, C.J.O.C., Craig and Campbell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 11, 1990
• Jurisdiction: Ontario
• Citations: (1990), 41 O.A.C. 321 (DC)

Ressel v. Chiropractic Bd. of Directors (1990), 41 O.A.C. 321 (DC)

MLB headnote and full text

Olgierd J. Ressel (applicant) v. The Board of Directors of Chiropractic (respondent) and Attorney General for the Province of Ontario (intervenor)

(931/89)

Indexed As: Ressel v. Board of Directors of Chiropractic (Ont.)

Ontario Court of Justice

General Division

Divisional Court

Callaghan, C.J.O.C., Craig and Campbell, JJ.

September 25, 1990.

Summary:

A chiropractor was charged with professional misconduct under s. 12(3) of Regulation 248 under the Drugless Practitioners Act. The Board of Directors of Chiropractic was scheduled to conduct a hearing into the charge. The chiropractor applied for prohibition to prevent the hearing on the ground that certain of his Charter rights would be violated by a hearing into the allegation.

The Ontario Court of Justice, General Division (Divisional Court), dismissed the application on the ground that it was premature.

Civil Rights - Topic 8584

Charter - Practice - Time for raising Charter issues - A chiropractor was charged with professional misconduct - He sought to prevent the Board of Directors of Chiropractic from conducting a hearing into the charge, on the ground that certain of his Charter rights would be violated if the hearing were allowed to proceed - The Ontario Divisional Court dismissed the application because it was premature.

Cases Noticed:

Royal College of Dental Surgeons (Ont.) et al. v. Rocket and Price (1990), 111 N.R. 161; 40 O.A.C. 241, refd to. [para. 7].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 1 [para. 6]; sect. 7, sect. 15 [para. 3].

Drugless Practitioners Act Regulations, R.R.O. 1980, reg. 248, sect. 12(3) [para. 1].

Counsel:

Herman Turkstra and J. Lewis, for the applicant;

Donald C. Brown, Q.C., and W. Sykes, for the respondent;

David Lepofsky, for the intervenor.

This application was heard before Callaghan, C.J.O.C., Craig and Campbell, JJ., of the Ontario Court of Justice, General Division (Divisional Court), on September 11, 1990. The decision of the Divisional Court was delivered orally by Callaghan, C.J.O.C., and released on September 25, 1990.