The applicant physician sought judicial review of a decision by the Inquiries, Complaints and Reports Committee (ICRC) requiring him to be cautioned and to participate in a behavioral program.
He argued he was denied procedural fairness because the ICRC failed to disclose 13 interview summaries, 20 internal complaints, and hospital policies considered by its medical inspector.
The Divisional Court found that while the applicant was aware of the complaints and policies, the failure to disclose the 13 interview summaries breached the duty of procedural fairness.
The application was allowed, the ICRC decision was set aside, and the matter was remitted for reconsideration following proper disclosure.
