The appellant dentist appealed a decision of the Discipline Committee finding him guilty of professional misconduct regarding his treatment of temporomandibular joint disorders.
He argued that a committee member's prior involvement with a Quality Assurance Committee created a reasonable apprehension of bias, and that the committee erred in refusing to qualify his proposed expert witness.
The Divisional Court dismissed the bias claim but found the committee erred in refusing to qualify the expert witness.
The findings of misconduct that depended on expert testimony were quashed, and the penalty and costs were set aside and remitted to a newly constituted panel.
