The College of Physicians and Surgeons of Ontario brought a motion to lift a stay of the revocation of a physician's certificate of registration.
The stay had been granted pending the physician's appeal of a disciplinary finding of sexual abuse involving a patient with whom he had a long-term common-law relationship.
The College argued that a recent appellate decision upholding the mandatory revocation provisions eliminated any serious issue to be tried.
The court dismissed the motion, finding that the physician raised distinct constitutional and factual issues regarding the spousal exception and retroactive punishment, and that the balance of convenience continued to favour maintaining the stay.
