The appellant physician appealed a decision of the Health Professionals Appeal and Review Board (HPARB) upholding the suspension of his privileges and revocation of his hospital appointment for failing to comply with a mandatory COVID-19 vaccination policy.
The Divisional Court dismissed the appeal, finding that HPARB reasonably applied the Matangi test to uphold the policy, properly admitted expert evidence on infectious diseases, and correctly restricted its evidentiary review to the information available at the time the hospital made its decision.
The court found no procedural unfairness or bias that would vitiate the decision.