Wulffhart v. College of Optometrists (Ont.), (1990) 42 O.A.C. 24 (DC)

• Judge: Rosenberg, J.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 22, 1990
• Jurisdiction: Ontario
• Citations: (1990), 42 O.A.C. 24 (DC)

Wulffhart v. College of Optometrists (1990), 42 O.A.C. 24 (DC)

MLB headnote and full text

Benjamin H. Wulffhart (applicant) v. College of Optometrists of Ontario (respondent)

(969/90)

Indexed As: Wulffhart v. College of Optometrists (Ont.)

Ontario Court of Justice

General Division

Divisional Court

Rosenberg, J.

October 26, 1990.

Summary:

An optometrist was found guilty of professional misconduct and his licence was suspended for 60 days by the Discipline Committee of the College of Optometrists. The College, however, postponed the suspension for six months to allow a review of the optometrist's standards of practice and record keeping by the appraisal committee. The optometrist appealed the suspension and applied for a stay of the suspension pending appeal.

The Ontario Court of Justice, General Division (Divisional Court), dismissed the application for a stay.

Administrative Law - Topic 2270

Natural justice - Duty of fairness - Circumstances or powers to which duty does not apply - An optometrist was found guilty and suspended by the discipline committee of the College of Optometrists - The penalty was, however, postponed to allow an appraisal of the member's standards of practice and record keeping, by the appraisal committee - A judge of the Ontario Divisional Court held that there was no improper delegation of the discipline committee's decision-making power - The appraisal committee's role was an investigative one not giving rise to the necessity of procedural fairness - See paragraphs 4 to 5.

Administrative Law - Topic 7521

Delegated powers - Validity of - General - [See Administrative Law - Topic 2270].

Counsel:

Lisa Feld, for the applicant;

V. Ross Morrison, for the respondent.

This application was heard before Rosenberg, J., of the Ontario Court of Justice, General Division (Divisional Court), on October 22, 1990, and whose decision was delivered orally and released on October 26, 1990.