The applicant, an anesthesiologist, sought judicial review of an interim order made by the respondent's Inquiries, Complaints and Reports Committee that effectively shut down his practice following a patient's death.
The court found that the Committee's decision to issue the interim order was unreasonable because there was no evidence of probable harm to future patients, only speculation based on a single incident.
Furthermore, the court held that the Committee breached procedural fairness by relying on undisclosed materials and improperly considered evidence protected under the Evidence Act.
The application was allowed and the interim order was quashed.
