The applicant physician was found guilty of professional misconduct for sexually abusing a patient and his registration was revoked.
After being acquitted in a related criminal trial, he sought to re-open the tribunal hearing to introduce fresh evidence.
The tribunal's Case Management Chair dismissed the motion, finding the tribunal was functus officio and lacked jurisdiction under its rules to re-open the hearing.
The Divisional Court dismissed the application for judicial review, holding that the Chair's interpretation of the tribunal's rules was reasonable and did not provide a statutory exception to the doctrine of functus officio.