Jessica Amey

The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board, which upheld a decision of the Inquiries Complaints and Reports Committee of the College of Physicians and Surgeons of Ontario.

The Committee had decided not to refer a patient's complaint to discipline, but instead cautioned the applicant and required him to take an educational program on patient communication after he insisted on a written apology from a patient.

The Divisional Court dismissed the application, finding the Board's decision reasonable regarding the adequacy of the investigation, the characterization of the applicant's conduct, and the consideration of his prior complaints history.

The appellant, a medical resident, appealed a decision of the Health Professions Appeal and Review Board confirming the refusal to issue him a certificate of registration.

The refusal was based on outstanding, unproven criminal charges of sexual assault.

The appellant argued the Board misapplied the law and violated the presumption of innocence.

The Divisional Court dismissed the appeal, finding the Board's decision reasonable as the regulatory scheme places the onus on the applicant to demonstrate good character, and considering unproven charges in the context of public interest does not violate the presumption of innocence.