CITATION: Venneri v. College of Chiropractors of Ontario, 2010 ONSC 470
DIVISIONAL COURT FILE NO.: 284/08
DATE: 20100118
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, DAMBROT AND SWINTON JJ.
BETWEEN:
DR. MICHAEL VENNERI
Appellant
– and –
COLLEGE OF CHIROPRACTORS OF ONTARIO
Respondent
In Person
Linda Rothstein and Karen Jones, for the Respondent
HEARD at Toronto: January 18, 2010
SWINTON J. (ORALLY)
[1] The motion to admit fresh evidence is dismissed.
[2] The matter before us today is an appeal from a costs order of the Discipline Committee. The appellant seeks to mount a collateral attack on the Discipline Committee’s decision on the merits. An appeal from this decision was dismissed by the Divisional Court, and leave to appeal was denied by the Court of Appeal. It is an abuse of process for Dr. Venneri to now try to attack the decision on the merits in this costs appeal.
[3] In any event, the evidence does not meet the test for the admission of fresh evidence. We are not satisfied, having read the decision of the Discipline Committee, that the proposed evidence could reasonably be expected to have affected the result, when taken with the other evidence adduced. Nothing in this material suggests that Dr. Evans now considers HBOT to be necessary and effective for the patient S.H.
SWINTON J.
FERRIER J.
DAMBROT J.
Date of Reasons for Judgment: January 18, 2010
Date of Release: January 21, 2010
CITATION: Venneri v. College of Chiropractors of Ontario, 2010 ONSC 470
DIVISIONAL COURT FILE NO.: 284/08
DATE: 20100118
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
FERRIER, DAMBROT AND SWINTON JJ.
BETWEEN:
MICHAEL VENNERI
Appellant
– and –
COLLEGE OF CHIROPRACTORS OF ONTARIO
Respondent
REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: January 18, 2010
Date of Release: January 21, 2010