The appellant, a registered massage therapist, appealed a decision of the Discipline Committee finding him guilty of professional misconduct for sexual abuse of a client.
The Divisional Court found that the Committee made a palpable and overriding error in its credibility assessment of the complainant.
Although the Committee rejected the complainant's allegation that the appellant touched her vagina because her evidence was inconsistent and implausible, it failed to consider how these adverse findings affected her overall reliability regarding the other allegations.
The appeal was granted, the finding of professional misconduct was set aside, and the court declined to remit the matter for a re-hearing.
