The appellant physician was found to have committed professional misconduct involving sexual abuse of a patient, resulting in the mandatory revocation of his certificate of registration.
He brought a motion for a stay of the penalty pending his appeal to the Divisional Court.
The court applied the RJR-MacDonald test and dismissed the motion, finding that the appellant would not suffer irreparable harm and that the balance of convenience, given the public interest in a zero-tolerance approach to sexual misconduct by health professionals, weighed heavily against granting a stay.
