The appellant physician appealed a disciplinary decision of the College of Physicians and Surgeons of Ontario.
In this partial dissent, Greer J. disagreed with the majority's decision to uphold the Complaints Committee's finding of incompetence.
Greer J. concluded that while the physician may have been negligent or shown a serious lack of judgment regarding record-keeping and boundary issues, his conduct did not meet the statutory definition of incompetence under the Regulated Health Professions Act, 1991, as there was no evidence he was unfit to continue practicing.
