Yates v. Board of Examiners in Psychology (N.S.), 2016 NSSC 152

JudgeLeBlanc, J.
CourtSupreme Court of Nova Scotia (Canada)
Case DateApril 21, 2016
JurisdictionNova Scotia
Citations2016 NSSC 152;(2016), 374 N.S.R.(2d) 197 (SC)

Yates v. Psychology Bd. (2016), 374 N.S.R.(2d) 197 (SC);

    1178 A.P.R. 197

MLB headnote and full text

Temp. Cite: [2016] N.S.R.(2d) TBEd. JN.035

Pamela Yates (applicant) v. Nova Scotia Board of Examiners in Psychology (respondent)

(Hfx No. 447643; 2016 NSSC 152)

Indexed As: Yates v. Board of Examiners in Psychology (N.S.)

Nova Scotia Supreme Court

LeBlanc, J.

June 15, 2016.

Summary:

The Nova Scotia Board of Examiners in Psychology refused an application for Yates' registration as a psychologist in Nova Scotia. Yates applied for judicial review. The Board moved to dismiss the judicial review application on the ground that the limitation period for judicial review had expired. Yates moved to admit fresh evidence.

The Nova Scotia Supreme Court allowed the Board's motion and dismissed the judicial review application as out of time. Accordingly, the motion to admit fresh evidence was dismissed as being moot.

Administrative Law - Topic 3342

Judicial review - General - Practice - Limitation period - Yates applied for registration as a psychologist in Nova Scotia - In a letter dated January 15, 2015, the Nova Scotia Board of Examiners in Psychology rejected the application on the grounds that Yates was ineligible for a transfer registration under s. 15(5) of the Psychologists Act and lacked the educational credentials required under s. 15(1)(a) - The Board's Internal Review Committee, by letter dated April 1, 2015, affirmed the decision and informed Yates that her file would now be closed - On January 26, 2016, Yates applied for judicial review - Civil Procedure Rule 7.05(1) provided that a notice for judicial review had to be filed the earlier of 25 days after the decision was communicated or within six months of the decision being made - Yates' counsel wrote the Board on July 7, 2015, expressing disagreement with the Board's decision - The Board reiterated that Yates failed to meet the Act's statutory requirements - On November 25, 2015, Yates' counsel again wrote the Board, indicating that Yates proposed a compromise solution - On November 30, 2015, the Board's Registrar again reiterated that Yates failed to meet the Act's requirements - On December 21, 2015, the Board wrote that the substantive decision remained unchanged - Yates argued that the Board's communication of its final decision was December 21, 2015, rather than April 1, 2015, so the limitation period had not yet expired - The Nova Scotia Supreme Court held that the Board's final decision was the Review Committee's March 15, 2015, decision, which was communicated to Yates by letter dated April 1, 2015 - Yates had the full reasons for the decision at that time - Yates was simply hoping that by providing the Board with further information and explanations, the Board would change its mind - As of April 1, 2015, Yates possessed all of the information necessary to make a reasoned decision on whether to seek judicial review - The court dismissed the judicial review application as out of time - An extension of time to apply for judicial review was denied, as there was no reasonable excuse for the eight month delay and no significant prejudice to Yates (she could re-apply for registration).

Administrative Law - Topic 3342.1

Judicial review - General - Practice - Limitation period - Extension of - [See Administrative Law - Topic 3342 ].

Administrative Law - Topic 7052

Judicial review - Bars - Statutory - Limitation period - [See Administrative Law - Topic 3342 ].

Counsel:

Dennis James, Q.C., for the applicant;

Marjorie Hickey, Q.C., for the respondent.

These motions were heard on April 21, 2016, at Halifax, N.S., before LeBlanc, J., of the Nova Scotia Supreme Court, who delivered the following judgment on June 15, 2016.

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2 practice notes
  • Goulden v. Fownes,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • August 31, 2021
    ...to “communicate” a decision. [43]      In Yates v Nova Scotia (Board of Examiners in Psychology), 2016 NSSC 152 at para 21, after reviewing various authorities on point, Justice LeBlanc 21      In conclusion, a decision is &quo......
  • Yates v. Nova Scotia Board of Examiners in Psychology, 2018 NSSC 127
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • May 31, 2018
    ...supra., there was a decision of this court which pre-dated my decision. It is reported in Yates v. Nova Scotia Examiners in Psychology, 2016 NSSC 152. Therein, Justice LeBlanc dismissed her application for judicial review of the Board’s decision to reject her initial application (on Decembe......
2 cases
  • Goulden v. Fownes,
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • August 31, 2021
    ...to “communicate” a decision. [43]      In Yates v Nova Scotia (Board of Examiners in Psychology), 2016 NSSC 152 at para 21, after reviewing various authorities on point, Justice LeBlanc 21      In conclusion, a decision is &quo......
  • Yates v. Nova Scotia Board of Examiners in Psychology, 2018 NSSC 127
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • May 31, 2018
    ...supra., there was a decision of this court which pre-dated my decision. It is reported in Yates v. Nova Scotia Examiners in Psychology, 2016 NSSC 152. Therein, Justice LeBlanc dismissed her application for judicial review of the Board’s decision to reject her initial application (on Decembe......

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