The applicant physician sought a declaration that the hospital board's decision to revoke his privileges mid-term was automatically stayed pending his appeal to the Health Professions Appeal and Review Board, pursuant to s. 25(1) of the Statutory Powers Procedure Act (SPPA).
The Divisional Court granted the declaration, finding that the hospital's by-laws and a prior agreement created a legitimate expectation that the applicant was entitled to a formal hearing.
Because a hearing was required 'otherwise by law', the SPPA applied, triggering the automatic stay provision.
