The appellant nurse appealed a decision of the Discipline Committee finding her guilty of professional misconduct relating to the misappropriation of narcotics.
During the discipline hearing, it was revealed that a panel member served on a hospital committee with the principal witness against the appellant, but this was not disclosed until deliberations had begun.
The Divisional Court allowed the appeal, finding that the undisclosed relationship and subsequent conduct created a reasonable apprehension of bias that vitiated the panel's decision.
Given the circumstantial evidence, poor hospital record-keeping, and the passage of time, the Court quashed the decision and ordered a stay of proceedings rather than a rehearing.
