The moving party, a physician under investigation by the College of Physicians and Surgeons, brought a motion to stay a stated case application initiated by the College pending the outcome of his separate application challenging the constitutionality of the College's investigative summons power.
The stated case application sought to compel the Chief of Police to comply with a summons for a Crown brief related to stayed criminal charges against the physician.
The court dismissed the motion for a stay, finding that the balance of convenience favoured allowing the College to proceed with its investigation in the public interest.
However, the court granted the physician leave to intervene as an added party in the stated case application on consent.
