The applicants, two bariatric surgeons, sought judicial review of a decision by the Health Professions Appeal and Review Board upholding cautions issued by the College of Physicians and Surgeons of Ontario.
The cautions were issued after the applicants' names and photographs appeared in an advertisement for their employer on a third-party website, contrary to the Advertising Regulation.
The Divisional Court dismissed the application, finding that the Board reasonably concluded the applicants failed to show they took reasonable steps to prevent the improper advertising.