The appellant physician appealed a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario revoking his certificate of registration for sexual abuse.
During the hearing, the College called an expert witness who was subsequently appointed to the Discipline Committee before the panel released its reasons.
The Divisional Court found that a reasonably informed bystander would conclude there was a reasonable apprehension of bias, as the panel members had to weigh the expert's evidence while she was their colleague on the Committee.
The decision of the panel was quashed as void ab initio.
