Lisa Brownstone

The applicant physician sought to prevent an investigation into his competence ordered by the College of Physicians and Surgeons of Ontario, and to force the Quality Assurance Committee to continue an assessment.

The Divisional Court dismissed the application as premature, finding no serious issue to be tried, no irreparable harm, and that the balance of convenience favoured the College's statutory duty to protect the public.

The applicant brought a motion to review an order imposing terms on a stay of a decision by the College of Physicians and Surgeons of Ontario.

The College sought to stay the motion because the applicant failed to pay a prior costs order.

The Divisional Court decided to hear the motion in the public interest despite the unpaid costs.

The court dismissed the motion, holding that the court has broad jurisdiction under the Statutory Powers Procedure Act and the Rules of Civil Procedure to impose terms when granting a stay.

The applicant physician sought judicial review of a decision by the Discipline Committee of the College of Physicians and Surgeons of Ontario revoking his licence for sexual abuse.

The Divisional Court dismissed the application, noting that judicial review is rarely permitted when a right of appeal exists and was waived.

Furthermore, on the merits, the court found that the applicant and his counsel had clearly admitted before the Committee to conduct constituting sexual abuse that mandated revocation.

The College of Physicians and Surgeons appealed a Divisional Court order quashing an Amended Notice of Hearing.

During an ongoing discipline hearing against the respondent physician, the College's Registrar signed an Amended Notice of Hearing to add new allegations from a different complainant without following the statutory referral process.

The Court of Appeal dismissed the appeal, holding that professional discipline legislation must be strictly construed.

The Registrar lacked statutory authority to amend the notice or join new complaints mid-hearing, and the procedure violated the physician's right to prior notice under the Statutory Powers Procedure Act.

The appellant physician appealed a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario finding him guilty of professional misconduct and incompetency.

The appellant argued that the Committee's refusal to grant him an adjournment due to his medical unfitness to instruct counsel or participate in the hearing constituted a denial of natural justice.

The Divisional Court agreed, finding that the uncontradicted medical evidence established the appellant's inability to proceed, and that the Committee's refusal to adjourn the hearing was a denial of natural justice.

The Committee's decision was quashed and the matter remitted for a new hearing before a different panel.