The applicant physician moved for an urgent interim injunction to stay the revocation of his hospital privileges pending judicial review of a decision by the Health Professions Appeal and Review Board.
The court applied the modified RJR-MacDonald test and found that the applicant failed to establish a strong prima facie case, as the statutory provisions relied upon applied to reappointment rather than mid-term revocation.
The court also found no irreparable harm and that the balance of convenience did not favour a stay.
The motion was dismissed with costs awarded to the respondent hospital.