The appellant physician appealed decisions of the Discipline Committee finding him guilty of professional misconduct and revoking his certificate of registration.
The Committee found that the appellant had deliberately overbilled patients for laser eye surgery and directed staff to alter medical records to conceal the overbilling.
On appeal, the appellant argued the Committee misapprehended the evidence, reversed the burden of proof, and imposed an unreasonable penalty.
The Divisional Court dismissed the appeal, holding that the Committee's credibility findings and weighing of the evidence were reasonable and entitled to deference.
The penalty of revocation was also upheld as reasonable given the premeditated nature of the fraud and the need for public protection.