The appellant appealed a discipline decision of the College of Nurses of Ontario, which arose from an agreed statement of fact, plea, and joint submission on penalty.
The appellant brought a motion to admit fresh evidence, alleging that a panel member was asleep during the hearing.
The Divisional Court dismissed the motion, finding the proposed evidence was not sufficiently cogent and partly inadmissible hearsay.
As there were no other grounds for the appeal, the appeal was dismissed with no order as to costs.