The College of Physicians and Surgeons appealed a Divisional Court order quashing an Amended Notice of Hearing.
During an ongoing discipline hearing against the respondent physician, the College's Registrar signed an Amended Notice of Hearing to add new allegations from a different complainant without following the statutory referral process.
The Court of Appeal dismissed the appeal, holding that professional discipline legislation must be strictly construed.
The Registrar lacked statutory authority to amend the notice or join new complaints mid-hearing, and the procedure violated the physician's right to prior notice under the Statutory Powers Procedure Act.
