The Court of Appeal reversed the Divisional Court's decision that had overturned a Discipline Committee penalty decision.
The Discipline Committee found that a physician sexually abused four female patients by unnecessarily touching their breasts and nipples during stethoscope examinations, and engaged in inappropriate conduct with a fifth patient.
The Committee imposed a six-month suspension with practice restrictions, supervision requirements, and mandatory training.
The Divisional Court found the penalty manifestly unfit and remitted it for reconsideration.
The Court of Appeal held that the Divisional Court failed to properly apply the deferential reasonableness standard of review, instead substituting its own view of the appropriate penalty.
The Court of Appeal restored the Discipline Committee's penalty, finding no inconsistent findings of fact and that the penalty fell within the range of reasonable outcomes.
