International medical graduates appealed the dismissal of their breach of contract action against the Royal College of Physicians and Surgeons of Canada.
The appellants sought a declaration that they had passed the Royal College's 2020 qualifying psychiatry exam and were entitled to certification for independent practice.
The trial judge dismissed the action, finding that the Royal College's 6.5% downward adjustment of exam scores was psychometrically justified.
The Court of Appeal found the trial judge's reasons were insufficient because she failed to meaningfully engage with contradictory expert evidence, did not address the breach of contract claim, and did not analyze whether the parties had entered into an enforceable contract or whether the Royal College breached its duty of good faith performance.
The appeal was granted and a new trial was ordered.
