COURT OF APPEAL FOR ONTARIO

DATE: 20040921

DOCKET: C40947

RE:

THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO (Applicant/Respondent in Appeal) – and – DR. ALBERT ROSS DEEP (Respondent/Appellant)

BEFORE:

MACPHERSON, SHARPE JJ.A. and SPEYER J. (Ad hoc)

COUNSEL:

Dr. Deep in person

Louis Sokolov

for the (applicant/respondent in appeal)

HEARD:

September 17, 2004

On appeal from the order of Justice James D. Carnwath of the Superior Court of Justice dated October 20, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] Dr. Deep appeals the order of Carnwath J. pursuant to ss. 82 and 87 of the Regulated Health Professions Act requiring him to cooperate with the College of Physicians and Surgeons in respect of a peer assessment directed by the College’s Quality Assessment Committee. He argues that the Complaints Committee erred in its assessment of the complaint that led it to refer the matter to the Quality Assessment Committee. The correctness or reviewability of that decision was not before Carnwath J. and it is not properly before us. It is rather the subject of a judicial review application of the decisions of the Complaints Committee and the Review Board that the appellant has failed to perfect. On this appeal, Dr. Deep can only succeed if he can demonstrate error on the part of Carnwath J. in making the s. 87 order. In effect, the appellant seeks to mount an improper collateral attack against the decision of the Complaints Committee.

[2] We have no power to review the decision of the Complaints Committee and we see no error on the part of Carnwath J.

[3] The motion to admit fresh evidence relates to the proceedings before the Complaints Committee. That evidence is irrelevant to this appeal and in any event, it was available at the time of the application before Carnwath J.

[4] Accordingly, the motion to admit fresh evidence is dismissed and the appeal is dismissed.

[5] Costs to the respondent fixed at $6,300 inclusive of disbursement and GST.

“Robert J. Sharpe J.A.”