Court File and Parties
COURT FILE NO.: 251/07
DATE: 20070613
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, JENNINGS AND WHITTEN JJ.
B E T W E E N:
DR. SHERRY DEEMAR Moving Party/Applicant
- and -
COLLEGE OF VETERINARIANS OF ONTARIO Respondent
L.A. Vandor, Q.C., for the Moving Party/ Applicant
Bernard C. LeBlanc, for the Respondent
HEARD at Toronto: June 13, 2007
Oral Reasons for Judgment
CARNWATH J.: (Orally)
[1] We all agree the College denied procedural fairness and due process to which the appellant was entitled.
[2] Our reasons for doing so include:
(i) The failure to undertake an investigation directed by the Complaints Committee in accordance with s.24(1)(b) of the Act, which requires the Committee to examine all records and other documents relating to the complaint, and by failing to interview the complainant or Ms. Todd.
(ii) Striking the report of Dr. Leslie and refusing to receive her evidence in advance of the hearing.
[3] An order shall go:
(i) Quashing the ruling which wrongly denied Dr. Deemar the right to call Dr. Leslie, the expert of her choice.
(ii) Quashing the ruling which struck the report of Dr. Henry.
(iii) Remitting the matter to a Discipline Committee composed in accordance with the Act but with the proviso that no member of that Committee shall have been a member of the Discipline Committee before or during the employment of Dr. Leslie.
[4] Until such a committee is created, the matter is stayed.
[5] I have endorsed the back of the Application Record, Volume One: “The application is granted for oral reasons delivered in Court by Carnwath J. We exercise our discretion and award costs to the applicant, who was substantially successful, in the amount of $15,000.00, inclusive of fees and disbursements, plus GST, payable 30 days.”
CARNWATH J.
JENNINGS J.
WHITTEN J.
Date of Reasons for Judgment: June 13, 2007
Date of Release: June 15, 2007
COURT FILE NO.: 251/07
DATE: 20070613
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CARNWATH, JENNINGS AND WHITTEN JJ.
B E T W E E N:
DR. SHERRY DEEMAR Moving Party/Applicant
- and -
COLLEGE OF VETERINARIANS OF ONTARIO Respondent
ORAL REASONS FOR JUDGMENT
CARNWATH J.
Date of Reasons for Judgment: June 13, 2007
Date of Release: June 15, 2007