Three physicians appealed the dismissal of their applications for judicial review of decisions of the Respondent College, which had requested that the physicians submit to observation of their surgical practices. The Court of Appeal upheld the Divisional Court’s finding that observation of a member’s treatment of patients was reasonably within the legislation’s primary purpose to protect the public, where concerns have been raised about the member’s competence.

25. August 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Competence – Public interest – Investigations – Powers to investigate – Judicial review – Compliance with legislation Gore v. College of Physicians and Surgeons of Ontario, [2009] O.J. No. 2833, Ontario Court of Appeal, July 7, 2009, M. Rosenberg, K.N. Feldman ...

The application by a cosmetic surgeon (“Yazdanfar”) for judicial review of an Interim Order of the Executive Committee of the College of Physicians and Surgeons of Ontario was dismissed where the Court found there was an ample factual foundation for the Committee to significantly limit Yazdanfar’s performance of liposuction and breast augmentation surgery pending a Disciplinary Hearing

28. July 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Investigations – Failure to produce records – Statutory provisions – Disciplinary proceedings – Competence – Penalties and suspensions – Public interest – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter ...

The Appellant family physician appealed the Respondent College’s disciplinary decision. The College’s decision was upheld except with respect to the penalty imposed against him.

28. April 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Judicial review – Investigations – Delay – Bias – Procedural requirements and fairness – Evidence – Standard of proof Wachtler v. College of Physicians and Surgeons of Alberta, ...

The Court of Appeal granted the Respondent College’s application to seal the appeal book in order to protect the privacy interests of the Appellant’s patients. The Court of Appeal also granted the Respondent College’s application for a publication ban on the names of the patients and their family members that were identified during the hearing of the appeal. The privacy interests in this case outweighed the negative effects of the sealing order and publication ban.

27. January 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Professional governance and discipline – Publication ban – Judicial review – Disclosure of third party records – Medical records – Confidentiality – Freedom of information and protection of privacy – Public interest Osif v. College of Physicians and Surgeons of Nova ...

Pursuant to sections 75 and 76 of the of the Health Professions Procedural Code (the “Code”), which is Schedule 2 of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18 (the “Act”), investigators appointed by the College of Physicians and Surgeons of Ontario have the power to require observation of surgery conducted by members under investigation, require a member to participate in an interview, and compel a member to answer questions put by investigators. Applications for judicial review of the appointment of an investigator were dismissed on the basis that they were premature, as the investigations had only begun looking into the physicians’ practices and no disciplinary actions had been taken.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Professional misconduct – Incompetence – Investigations – Powers of investigators – Judicial review application – Striking out – Premature – Compliance with legislation – Statutory interpretation Gore v. College of Physicians and Surgeons of Ontario, [2008] O.J. ...

The Court allowed an appeal by the appellant physician, finding that a Discipline Committee of the College of Physicians and Surgeons of Ontario (the “Committee”) was not entitled to permanently restrict his practice to male patients. While the Committee has jurisdiction to impose terms, conditions and limitations on a member’s certificate of registration for either a “specified or indefinite period of time”, indefinite does not mean permanent but rather means unspecified or undefined and may be subject to variation.

28. October 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Permanent vs. indefinite – Judicial review – Jurisdiction Li v. College of Physicians and Surgeons of Ontario, [2008] O.J. No. 2975, Ontario Superior Court ...

The applicant physician sought to quash a decision of the respondent College to proceed to a disciplinary hearing and to prohibit such a hearing when allegedly, the respondent’s decision not to proceed to hearing allowed by the governing statute had already been made. The applicant argued that the statutory power had been exhausted and there is no statutory authority to review or reconsider that decision. The court held that there was never an unconditional and final direction by the investigation chair that no further action be taken, and dismissed the application.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Statutory powers – Investigations – Hearings Ferrari v. College of Physicians and Surgeons of Alberta, [2008] A.J. No. 262, Alberta’s Court of Queens Bench, March 10, 2008, Foster, J. ...

The Court ordered that a publication ban relating to an assessor’s report of Dr. Menon’s practice be dissolved where it was not satisfied that Dr. Menon had established that the salutary effects of the continuing ban outweighed its deleterious effects

27. May 2008 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Publication ban – Physicians and surgeons – Disciplinary proceedings – Competence – Suspensions – Judicial review – Disclosure – Evidence – Compliance with legislation Menon v. College of Physicians and Surgeons of New Brunswick, [2008] N.B.J. No. 124, New Brunswick Court ...

A family physician (“Dr. Litchfield”) obtained an Order suspending the decision of the College of Physicians and Surgeons of Alberta (the “College”) pending a statutory appeal of the College’s decision to strike his name from the College register for conduct unbecoming

27. November 2007 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Penalties – Stay of suspension – Judicial review – Statutory provisions – Procedural requirements and fairness Litchfield v. Alberta (College of Physicians and Surgeons), [2007] A.J. No. 1099, Alberta Court of Queen’s Bench, September 28, 2007, R.P. Marceau ...

A pathologist who was the subject of a complaint that he had not correctly diagnosed and reported pathology results concerning various forms of cancer (“Menon”) applied for judicial review of a suspension imposed by the College of Physicians and Surgeons of New Brunswick (the “College”), and succeeded in having the complaint referred to a Board of Inquiry pursuant to the Medical Act, SNB 1981, c. 87 (the “Act”)

25. September 2007 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Competence – Penalties and suspensions – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial review – Natural justice – Procedural requirements and fairness – Standard of review – Correctness Menon v. College of Physicians and Surgeons of New Brunswick, [2007] N.B.J. No. 270, ...