The moving party, a veterinarian, sought an extension of time to file a notice of appeal from a decision of the Discipline Committee of the College of Veterinarians of Ontario, which found him guilty of professional misconduct based on an Agreed Statement of Facts.
He argued that he did not enter into the settlement agreement voluntarily due to stress and duress from his former counsel.
The Divisional Court dismissed the motion, finding that the moving party did not form an intention to appeal within the relevant period, his explanation for the delay was unreasonable, and the appeal lacked merit as there was no medical evidence to support his claim of duress.
