The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board (HPARB) confirming a decision of the Inquiries, Complaints and Reports Committee (ICRC) to issue a caution and require a specified continuing education or remediation program.
The complaint was initiated by the patient's spouse regarding complementary medicine and record-keeping.
The applicant argued the ICRC investigation was procedurally unfair due to late disclosure of documents and that the complaint should not have been investigated as it was not from the patient.
The Divisional Court dismissed the application, finding no breach of procedural fairness and holding that the ICRC was within its mandate to investigate third-party complaints to protect the public interest.
