A. Block

The applicant physician sought judicial review of a decision by the Inquiries, Complaints and Reports Committee (ICRC) requiring him to complete a continuing education program and undergo a practice assessment.

The applicant argued he was denied procedural fairness because the ICRC relied on a second report from an assessor that was not disclosed to him.

The Divisional Court agreed, finding the failure to disclose the report breached procedural fairness.

The Court also held that the ICRC has the jurisdiction to order a practice assessment as part of a specified continuing education or remediation program.

The application was granted, the decision set aside, and the matter remitted for reconsideration.

The appellant physician appealed a decision of the Discipline Committee finding he committed acts of professional misconduct, including sexual abuse of a patient.

The Divisional Court allowed the appeal, finding the Committee's reasons were flawed.

Specifically, the Committee failed to distinguish between the complainant's honesty and the reliability of her evidence, subjected the appellant's evidence to a different level of scrutiny, and improperly used after-the-fact conduct to support the complainant's version of events.

The matter was remitted for a re-hearing.