Does the Registrar have jurisdiction to dismiss a complaint?
British Columbia, Canada
The following excerpt is from Complainant v. College of Physicians and Surgeons of British Columbia, 2011 BCHPRB 31 (CanLII):
Since none of the prerequisites in s.32(3)(a) to (c) existed, the Registrar did not have jurisdiction to dismiss the complaint. A disposition made without authority is by definition unreasonable. A decision made outside of one’s lawful mandate falls outside the “range of possible, acceptable outcomes which are defensible in respect of the facts and law”, as set out in Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 47.
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