The Court refused leave to seek judicial review out of time of decisions to suspend a hospital employee on full pay, finding the delay of approximately 11-12 months was substantial and inadequately explained, particularly where the applicant was aware of procedural fairness grounds within weeks of the decisions but did not seek legal advice on judicial review for approximately 10 months. The Court observed, at an impressionistic level, that there is a strong case that the presumption of procedural fairness is displaced when the decision is to suspend an employee on full pay as the first step in a disciplinary investigation, especially where urgent action is required to protect the public, but did not definitively resolve that question. The Court also held that an email providing a process update and proposing further independent review was not a reviewable decision susceptible to judicial review.
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