The Member brought a motion in a disciplinary proceeding seeking to dismiss a notice of hearing, exclude evidence obtained during an undercover investigation, and obtain disclosure of an investigative file concerning another member.
The Member argued he had no obligation to cooperate with an investigation into another member.
The Discipline Committee dismissed the motion, finding that the duty to cooperate under the Health Professions Procedural Code applies even when the member is not the subject of the investigation.
The Committee also found the College had reasonable and probable grounds to commence the investigation and declined to exclude evidence or order further disclosure at the preliminary stage.