What is the test for a College investigator to conduct a search?

Ontario, Canada


The following excerpt is from Sazant v. The College of Physicians and Surgeon, 2011 ONSC 323 (CanLII):

The appellant also relies on Hunter v. Southam at page 162 for the proposition that for the “authorization procedure to be meaningful it is necessary for the person authorizing the search to be able to assess the evidence as to whether that standard has been met, in an entirely neutral and impartial manner. … The person performing this function need not be a judge, but he must at a minimum be capable of acting judicially.” According to the appellant, College investigators do not have the capability to decide whether the necessary requirements for authorizing a search have been met. They are neither neutral nor trained.

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