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Appeal of Discipline Committee's refusal to grant an adjournment dismissed; no breach of procedural fairness found.
The appellant, a dentist facing professional misconduct allegations, appealed a decision of the Discipline Committee denying his request for an adjournment.
The appellant sought the adjournment due to the unavailability of his expert witness and because the hearing could not be completed in the allotted time.
When the request was refused, the appellant's counsel withdrew, and the hearing proceeded in their absence.
The Divisional Court dismissed the appeal, finding that the Committee properly exercised its discretion in denying the adjournment and that there was no breach of natural justice, procedural fairness, or reasonable apprehension of bias.
Supreme Court affirms CRCS liability for tainted blood, applying material contribution test for causation.
The plaintiffs contracted HIV from blood and blood products supplied by the Canadian Red Cross Society (CRCS) between 1983 and 1985.
They alleged the CRCS was negligent in its blood donor screening procedures.
The trial judge found the CRCS breached its standard of care by using a 'good health' questionnaire rather than symptom-specific questions, but dismissed one plaintiff's action for failing to prove causation.
The Court of Appeal upheld the negligence findings and reversed the causation dismissal by applying a presumptive causal link.
The Supreme Court of Canada dismissed the CRCS's appeals, holding that while the Court of Appeal erred in applying a presumptive causal link, causation was established under the material contribution test because the CRCS's failure to implement adequate screening measures materially contributed to the plaintiffs contracting HIV.
