The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board, which had made findings of criminal conduct against him based on undisclosed evidence.
The Board conceded it exceeded its jurisdiction and consented to its decision being quashed.
The Divisional Court quashed the decision and, finding exceptional circumstances including a ten-year delay and lack of clear evidence, refused to remit the matter back to the Board for reconsideration.
Costs were awarded to the applicant on a partial indemnity scale.
