Empowering Decision Makers

A real-life scenario that tests your decision-making, see how it plays out! What would you do in this situation?

Decision-making in administrative justice isn’t always black and white. At the Foundation of Administrative Justice, we help decision-makers feel confident and fair in complex situations.

What would you do in this scenario? Read through the following scenario and test your decision-making skills.

Scenario: Daniel Appeals the Decision

You are sitting on a Review Panel for the College of Dental Assistants. Daniel, a trained and experienced dental assistant, is appealing a decision to deny his application for registration.

What Happened

Daniel moved to your province from Ontario to support his aging parents. He applied to become a full member of the College so he could start a new job at a dental clinic next month. He is applying under your province’s Health Professions Act and the Dental Assistants Regulation.

To be approved, Daniel must meet four legal requirements:

1. A diploma from an accredited program
2. A passing mark on the jurisprudence exam (within 12 months)
3. Proof that he is competent to practice. (worked in the field in the past 3 years)
4. Proof of good character. (a signed declaration and clean record)

Daniel’s application included:

• A diploma from a dental assisting program in Ontario.
• A letter from his Ontario college confirming the program was CDAC-accredited and included clinical training.
• A signed declaration of good character and clean criminal record check.
• A letter from his last employer, confirming full-time work until six months ago.
• An email confirming his jurisprudence exam is booked for next week.
• A CPR certificate, immunization record, and a letter explaining his move and family responsibilities.
• A job offer from a clinic starting next month.

The Decision

The Registration Committee denied his application because he had not yet passed the jurisprudence exam — a required step in the legislation. Daniel believes this is unfair. He says the delay is minor, and the refusal has cost him a job and income. He feels the Committee should have used common sense or compassion. He now appeals to your panel.

Your Turn

Take a few minutes to reflect on the following questions.

1. Can the appeal panel approve Daniel based on what he intends to do?
2. Did the Registration Committee act unfairly?
3. Can the appeal panel override the rules to help Daniel?

There’s no one-size-fits-all answer—but there is a best practice.           Get the Answer!

Provided by Carol Zukiwski, Curriculum Coordinator and Facilitator for the Foundation of Administrative Justice, Carol serves as counsel to administrative tribunals helping them with determining a fair hearing procedure and with decision writing. She appears regularly before the Municipal Government Board, Composite Assessment Review Boards, and before the Court of King’s Bench. Carol has been on the staff of two Boards and a member of two additional Boards.