The appellant, a medical resident, appealed a decision of the Health Professions Appeal and Review Board confirming the refusal to issue him a certificate of registration.
The refusal was based on outstanding, unproven criminal charges of sexual assault.
The appellant argued the Board misapplied the law and violated the presumption of innocence.
The Divisional Court dismissed the appeal, finding the Board's decision reasonable as the regulatory scheme places the onus on the applicant to demonstrate good character, and considering unproven charges in the context of public interest does not violate the presumption of innocence.
