The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board (HPARB) upholding a decision of the Inquiries, Complaints and Reports Committee (ICRC) to caution her.
The ICRC had found the applicant failed to attend the hospital to assess a decompensating patient.
The Divisional Court quashed the HPARB decision and set aside the ICRC decision, finding that the ICRC fundamentally misstated the medical records.
The contemporaneous records showed the patient was stable and resting comfortably, not decompensating or in crushing pain as the ICRC had concluded.
The HPARB's deference to a decision based on an unreasonable finding of fact was itself unreasonable.
