The applicant physician brought an urgent motion seeking declarations that the respondent hospital's Board of Directors was functus officio and reasonably apprehended of bias regarding any motion to lift an automatic stay of its decision to revoke his staff privileges.
The Divisional Court dismissed the motion, finding it premature.
The court held that the Board was not functus officio because it had not previously adjudicated the issue of lifting the stay, as the applicability of the stay was only recently determined.
Furthermore, the court found no reasonable apprehension of bias merely because the Board had previously revoked the privileges or was the respondent in the statutory appeal.
Costs were awarded to the respondent on a partial indemnity scale, with the court cautioning counsel against personalizing criticism of opposing counsel.
