The applicant physician sought a stay of an order of the Discipline Committee of the College of Physicians and Surgeons of Ontario pending his appeal.
The Committee had found him guilty of professional misconduct and incompetence, imposing a 30-month suspension and practice restrictions.
The court applied the three-part test for a stay, finding a serious issue regarding the proportionality of the penalty, irreparable harm due to the ongoing suspension and professional damage, and that the balance of convenience favoured a conditional stay.
The stay was granted on the same terms, conditions, and limitations that the Discipline Committee had ordered for his return to practice.
