Alberta Court of Queen’s Bench finds investigation into physician’s alleged misconduct was adequate and dismisses application for judicial review

18. July 2017 0
The applicant, Ms. Tran (the “Applicant”), sought judicial review of a decision of the Complaint Review Committee of the College of Physicians and Surgeons of Alberta (the “College”) that dismissed the complaint against two physicians involved in the care of the Applicant’s mother. Administrative law  –  Decisions of administrative tribunals  –  College of Physicians and Surgeons  –  ...

A physician (“Dr. Coull”) succeeded on appeal from an order of the Council of the College of Physicians and Surgeons (the “College”)

23. June 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Judicial review – Evidence Coull v. College of Physicians and Surgeons of Prince Edward Island, [2015] P.E.I.J. No. 20, 2015 PECA 6, Prince Edward Island Court ...

The Applicant Donald Chong unsuccessfully sought judicial review of the Respondent College’s decision to impose restrictions on his practice

26. May 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Competence – Judicial review – Procedural requirements and fairness Chong v. College of Physicians and Surgeons, [2015] O.J. No. 1200, 2015 ONSC 922, Ontario Superior Court of Justice, March 12, 2015, G.B. Morawetz R.S.J., ...

A successful appeal by a physician (Dr. Swart) with respect to the Respondent College’s decision that he was unfit to practice

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Competence – Professional misconduct / conduct unbecoming – Penalties – Judicial review – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Swart v. College of Physicians and ...

The New Brunswick Court of Queen’s Bench dismissed the applicant physician’s judicial review application regarding a preliminary decision made by the College of Physicians and Surgeons. The Court declined to exercise its supervisory jurisdiction over the matter since it found that the complainant had adequate alternative remedies available to him under the Medical Act and failed to exhaust those before seeking judicial review. In respect of an evidentiary issue that was raised at the outset, the Court ruled that letters of complaint from patients underlying the proceedings between the College and the physician were inadmissible in the judicial review record because they were protected by privacy and privilege as per section 71.2(2) of the Medical Act.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation – Evidence – admissibility – Remedies – Alternative remedies Cockeram v. College of Physicians ...

The plaintiff, a Board member of the BCMA, distributed private information from Board meetings to non-Board members. At a subsequent Board meeting, allegations were made against the plaintiff regarding her alleged breach of confidentiality provisions in the Code of Conduct and the matter was passed onto a Code of Conduct committee for investigation. The president of the BCMA then sent a letter out to all members notifying them of the investigation into the alleged breach of the Code. The plaintiff sued the BCMA for defamation on the basis of this letter and other communications. The trial judge and Court of Appeal agreed that the letter was defamatory, but that it was made on an occasion of qualified privilege. The Board had a duty to inform the membership of such an issue.

24. June 2014 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Code of conduct – Defamation – Judicial review – Disclosure – Qualified privilege Wang v. British Columbia Medical Assn., [2014] B.C.J. No. 833, 2014 BCCA 162, British Columbia Court of Appeal, April 30, 2014, I.T. Donald, M.V. ...

The Ontario Divisional Court dismissed the appeal of the appellant physician from four decisions of the Committee of the College of Physicians and Surgeons of Ontario (the “Committee”) when found that she failed to maintain the standards of practice of the profession; had engaged in disgraceful, dishonourable and unprofessional conduct; and demonstrated a lack of knowledge, skill and judgment in her treatment of a number of patients. The Court upheld the Committee’s penalty of a two year suspension and restrictive terms thereafter preventing the appellant from practising as a cosmetic surgeon, and performing any surgery except as a surgical assistant in a hospital under supervision. The Court also upheld the Committee’s finding that the appellant contravened the advertising regulation under the Medicine Act, 1991 S.O. 1991 c.30, finding that the CPSO’s ban on the use of testimonials and superlatives was constitutional.

24. December 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Professional misconduct or conduct unbecoming – Competence – Advertising – Penalties – Suspensions – Judicial review – Standard of review – Correctness – Reasonableness simpliciter Yazdanfar v. College of Physicians and Surgeons of Ontario, [2013] O.J. No. ...

Physician appealed decision of College’s disciplinary committee, which concluded the physician engaged in disgraceful, dishonourable, and unprofessional conduct, and reprimanded and revoked the physician’s certification

23. July 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Investigations – Competence – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Appeals – Standard of review – Reasonableness simpliciter – Evidence – Procedural requirements and fairness Liberman v. ...

The issue in this appeal was whether serious criminal charges, prior to conviction, can found a refusal to grant registration to a medical student

25. June 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Professional governance and discipline – Licence to practice – Character evidence – Competence – Public interest – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Chauhan v. Heath Professions Appeal ...

With respect to a tribunal’s findings of credibility, there is an important distinction between guessing, conjecture, and speculation on the one hand and drawing legal inferences from evidence where inferences can appropriately be drawn. In this case, the Court in a judicial review proceeding quashed one aspect of a tribunal’s credibility findings on the basis that it was unreasonable.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Investigations – Penalties and suspensions – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Ali v. College of Physicians and Surgeons, [2013] S.J. No. 54, 2013 SKQB ...