The College of Physicians and Surgeons of Ontario (the “College”) appealed the decision of the Divisional Court, quashing a newly Amended Notice of Hearing on the basis that the Registrar for the College had proffered the Amended Notice of Hearing in the middle of a disciplinary hearing in the absence of statutory authority to do so. The appeal was dismissed and the decision of the Divisional Court upheld. The issue raised on appeal was whether the Registrar of the College had the jurisdiction to refer new allegations of professional misconduct and incompetence of a member of the College to the Discipline Committee after a discipline hearing had already commenced against that member.

26. August 2003 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Fairness – Statutory provisions – Judicial review – Procedural requirements – Amendment of notice of hearing – Jurisdiction Henderson v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 2213, Ontario Court of Appeal, June 5, 2003, Weiler, Rosenberg and Armstrong, JJ.A. Allegations of professional ...

A member of the College of Physicians and Surgeons of Ontario (the “College”) sought judicial review of the Registrar’s decision to amend a Notice of Hearing after the hearing commenced. The application was dismissed as it was premature since the discipline panel had not been given an opportunity to decide if it would hear the new charges.

26. March 2002 0
Administrative law – Judicial review – Questions of jurisdiction – Amendment of notice of hearing – College of Physicians and Surgeons – Disciplinary proceedings Henderson v. College of Physicians and Surgeons of Ontario, [2001] O.J. No. 5367, Ontario Superior Court of Justice, October 22, 2001, Then, J. A discipline panel of the College accepted jurisdiction over ...