COURT FILE NO.: 106/09
DATE: 20091001
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, JANET WILSON AND SWINTON JJ.
B E T W E E N:
DR. MOHAMMAD RASSOULI-RASHTI Appellant
- and -
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO Respondent
J. Thomas Curry, for the Appellant
Danielle Miller, for the Respondent
HEARD at Toronto: October 1, 2009
JENNINGS J.: (Orally)
[1] On his appeal from the Discipline Committee’s finding of misconduct dated October 20, 2008, the appellant seeks leave to adduce fresh evidence, being the Registration Committee’s decision of April 7, 2009, refusing to permit him to be registered to practice by reason of the finding of misconduct made by the Discipline Committee.
[2] The appellant submits that had the Discipline Committee foreseen the decision of the Registration Committee, it would not have made the finding against him.
[3] The four part test to be met on this motion is agreed by the parties to be that in R. v. Palmer [1981] S.C.R. 759. They also agree that the evidence was not available at the time of the hearing and that it is credible.
[4] With respect to the remaining two parts of the test, we hold as follows:
(a) In our opinion, the evidence is not relevant to the issue before the Discipline Committee, that is, whether the actions of the appellant constituted professional misconduct;
(b) Further, we reject the submission that the evidence could reasonably be expected to affect the Committee’s decision. It would have been wholly inappropriate and impermissible for the Committee to vary a finding of misconduct because of a potential problem with an application to become registered to practice.
[5] For these reasons, the motion is dismissed.
JENNINGS J.
JANET WILSON J.
SWINTON J.
Date of Reasons for Judgment: October 1, 2009
Date of Release: November 25, 2009
COURT FILE NO.: 106/09
DATE: 20091001
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JENNINGS, JANET WILSON AND
SWINTON JJ.
B E T W E E N:
DR. MOHAMMAD RASSOULI-RASHTI Appellant
- and -
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO Respondent
ORAL REASONS FOR JUDGMENT
JENNINGS J.
Date of Reasons for Judgment: October 1, 2009
Date of Release: November 25, 2009