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)

1On 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.

2The appellant submits that had the Discipline Committee foreseen the decision of the Registration Committee, it would not have made the finding against him.

3The 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.

4With 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.

5For 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