The applicant physician sought judicial review to quash a motion by the hospital's Medical Advisory Committee (MAC) requiring him to undergo independent conduct and clinical assessments before the MAC would make a recommendation on his reappointment application.
The applicant argued the MAC's process lacked procedural fairness and was tainted by bias due to a history of conflict and a failure to provide timely disclosure of complaints.
The Divisional Court dismissed the application as premature, finding that the hospital had a statutory duty to assess qualifications and that the applicant had adequate alternative remedies, including a full hearing before the hospital board and an appeal to the Health Professions Appeal and Review Board, to address any procedural unfairness.
