The appellant physician appealed a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario finding him guilty of professional misconduct and incompetency.
The appellant argued that the Committee's refusal to grant him an adjournment due to his medical unfitness to instruct counsel or participate in the hearing constituted a denial of natural justice.
The Divisional Court agreed, finding that the uncontradicted medical evidence established the appellant's inability to proceed, and that the Committee's refusal to adjourn the hearing was a denial of natural justice.
The Committee's decision was quashed and the matter remitted for a new hearing before a different panel.
