David Jacobs

The applicant sought judicial review of a decision by the Health Professions Appeal and Review Board, which upheld the Complaints Committee's decision to take no further action regarding his complaints against a former associate.

The complaints related to a business dispute, alleged theft, and patient solicitation, rather than patient care or professional competence.

The Divisional Court dismissed the application, finding the investigation adequate, the decision reasonable, and no evidence of bias on the part of the College or the Board.

The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board, which confirmed a Complaints Committee decision requiring him to attend for a Caution regarding an alleged improper breast examination.

The Divisional Court quashed the Board's decision, finding that the entire process fell below the required standard of procedural fairness.

The Committee and Board improperly made credibility findings based on uncorroborated hearsay, relied on an undisclosed expert opinion, and engaged in an unconscionable delay of 1,350 days.

The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board, which had made findings of criminal conduct against him based on undisclosed evidence.

The Board conceded it exceeded its jurisdiction and consented to its decision being quashed.

The Divisional Court quashed the decision and, finding exceptional circumstances including a ten-year delay and lack of clear evidence, refused to remit the matter back to the Board for reconsideration.

Costs were awarded to the applicant on a partial indemnity scale.

The Ontario Divisional Court issued a decision on costs following an appeal.

Costs were fixed at $8,000 plus GST, awarded to the appellant, the College of Physicians and Surgeons of Ontario, and payable by the respondent, Dr. Darren Payne.

No costs were awarded against the Health Professions Appeal and Review Board.

The College of Physicians and Surgeons of Ontario appealed a decision of the Health Professions Appeal and Review Board that required the College's Registration Committee to issue a certificate of registration to the respondent doctor.

The Registration Committee had previously refused the application on the basis that the respondent was ungovernable due to past disciplinary issues in Quebec.

The Divisional Court allowed the appeal, finding that the Board erred in law by failing to show deference to the specialized expertise of the Registration Committee regarding the respondent's qualifications and ethical fitness to practice medicine.

The matter was remitted back to the Registration Committee for further consideration in light of new evidence.