The moving party, a physician recently acquitted of criminal sexual assault charges, sought an interim stay of a scheduled disciplinary hearing before the College of Physicians and Surgeons of Ontario pending his application for judicial review.
He argued the disciplinary proceedings were an abuse of process and res judicata given his acquittal.
The Divisional Court dismissed the motion, finding the application for judicial review premature as the Discipline Committee had not yet heard or decided the abuse of process arguments.
The court also found no evidence of irreparable harm and held that the balance of convenience favoured the public interest in allowing the self-regulating profession to proceed with its hearing.
