The College of Physicians and Surgeons of Ontario appealed a decision of the Health Professions Appeal and Review Board that required the College's Registration Committee to issue a certificate of registration to the respondent doctor.
The Registration Committee had previously refused the application on the basis that the respondent was ungovernable due to past disciplinary issues in Quebec.
The Divisional Court allowed the appeal, finding that the Board erred in law by failing to show deference to the specialized expertise of the Registration Committee regarding the respondent's qualifications and ethical fitness to practice medicine.
The matter was remitted back to the Registration Committee for further consideration in light of new evidence.
