The appellant physician sought a stay of an order by the Discipline Committee of the College of Physicians and Surgeons suspending his certificate of registration for a minimum of 12 months based on a finding of incompetence.
The court held that under s. 61(7) of the Health Disciplines Act, an order suspending a licence for incompetence takes effect immediately, and the court has no jurisdiction to grant a stay pending appeal.
The motion for a stay was dismissed, but the appeal was ordered to be expedited.
