The Ontario Superior Court of Justice struck out the plaintiff’s Statement of Claim against the defendant College of Physicians and Surgeons of Ontario on the grounds that it was plain and obvious that the Statement of Claim disclosed no reasonable cause of action against the defendant. The plaintiff had claimed damages against the College for damages caused by the alleged malpractice of a physician who was a member of the College. The plaintiff’s Statement of Claim alleged that the College did not properly investigate the plaintiff’s complaint regarding the physician and that its investigation process was not transparent.

27. November 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Privilege and immunity – Physicians and surgeons – Governance – Investigations – Judicial review – Disclosure – Evidence – No reasonable cause of action – Abuse of process Kwabanza v. College of Physicians and Surgeons of Ontario, [2012] O.J. No. 4966, ...

The suspension of a physician’s license by its regulatory body, based on a single complaint from a patient and a collection of innuendo and hearsay from colleagues, was quashed. The suspension was not justified as physician was given no notice or opportunity to be heard.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Public interest – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice of complaint Youssef v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 289, 2012 NBQB ...

The Applicant physician was partially successful in seeking a declaration from the Respondent College relating to the status of his license practice medicine in New Brunswick.

23. October 2012 0
Administrative law – Decisions of administrative tribunals –  College of Physicians and Surgeons – Physicians and Surgeons – Governance –  Licence to practice – Statutory provisions – Interpretation – Judicial review  –  Compliance with legislation Houshmand v. College of Physicians and Surgeons of New Brunswick, [2012] N.B.J. No. 324, 2012 NBQB 293, New Brunswick Court ...

The Court of Appeal dismissed the Appellant’s appeal from a decision of the College of Physicians and Surgeons which imposed a global penalty on the Appellant for 31 counts of professional misconduct

27. March 2012 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Billing matters – Records – Penalties – Judicial review – Evidence Visconti v. College of Physicians and Surgeons of Alberta, [2012] A.J. No. 123, 2012 ABCA 46, Alberta ...

A judicial review application brought on by a physician was dismissed by the Ontario Superior Court as it declined to intervene during the course of the administrative proceeding

22. November 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Jurisdiction – Investigations – Physicians and surgeons – Competence – Disciplinary proceedings – Judicial review application – Premature – Independent legal counsel – Bias Rudinskas v. College of Physicians and Surgeons of Ontario, [2011] O.J. No. 4714, Ontario Superior Court of ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

A physician (“Dr. Visconti”) succeeded in having some findings of professional misconduct dismissed and penalties for his remaining misconduct remitted back to the Council of the College of Physicians and Surgeons of Alberta (“the Council”) on appeal under s. 68 of the Medical Profession Act, R.S.A. 2000 c. M-11 (“MPA”)

29. September 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence – Penalties and suspensions – Public interest – Policies – Notice requirements – Judicial review – Evidence – Natural justice – Procedural requirements and fairness ...

The Appellant, a registrant of the College of Physicians and Surgeons of Prince Edward Island, successfully appealed a decision which suspended him from practice for 42 months, on the basis that such a sanction was out of proportion with the professional misconduct engaged in and did not accord with the totality principle

27. April 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Judicial review – Standard of review – Reasonableness simpliciter Matheson v. College of Physicians and Surgeons of Prince Edward Island, [2010] P.E.I.J. No. 10, ...

The Court allowed an application by a physician to quash an interim order made by the Complaints Committee of the Respondent College, prohibiting him from performing anesthesia, except in a hospital under the supervision of a certified anesthetist. The Court allowed the application, finding that there was no evidence to support the opinion that the Applicant’s conduct exposed or was likely to expose his patients to harm or injury and, in the result, it was encumbant upon the Committee to give some explanation for rejecting all of the evidence that was contrary to its conclusion.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Public interest – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Liberman v. College of Physicians and Surgeons of Ontario, [2010] O.J. No. 227, 2010 ...

The court set aside a decision of the Respondent Review Board and reinstated the decision of the College of Physicians and Surgeons’ Complaints Committee, which had decided to take no further action in respect of a complaint brought against the applicant physician (Dr. McKee)

24. November 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Competence – Judicial review – Standard of review – Reasonableness simpliciter McKee v Health Professions Appeal and Review Board, [2009] O.J. No. 4112, Ontario Superior Court of Justice, September 28, 2009, J.R.R. Jennings, K.E. Swinton and W. ...