Dr. Devgan was found guilty of professional misconduct by the Discipline Committee of the College. Following the hearing, Dr. Devgan appealed the decision and the Order of the Discipline Committee was stayed. The College sought to lift the automatic stay of the Order. The court refused to lift the stay so long as Dr. Devgan complied with a number of conditions. Dr. Devgan failed to comply with the court’s conditions and the College once again sought to lift the stay. The College’s motion was granted and Dr. Devgan’s licence to practise was revoked.

27. April 2004 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Public interest – Suspensions – Stay of suspension – Court imposed conditions – Decisions of administrative tribunals – College of Physicians and Surgeons Devgan v. College of Physicians and Surgeons of Ontario, [2004] O.J. No. 517, Ontario Superior Court of ...

The Appellant medical doctor (“Markman”) was charged with four allegations of professional misconduct, along with an allegation of incompetence

27. January 2004 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Judicial intervention – Physicians and surgeons – Disciplinary proceedings – Sentencing – Public interest – Suspensions Markman v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 3855, Ontario Superior Court of Justice, October 1, 2003, McRae, Gravely and Jennings JJ. ...

A physician (“Lee”) appealed his conviction by a Panel of the Discipline Committee of the College of Physicians and Surgeons of Ontario on a charge of sexually abusing a patient. The Ontario Divisional Court allowed the appeal and ordered a new hearing on the basis that the Panel denied Lee natural justice and procedural fairness in the hearing by refusing to engage in an O’Connor-type inquiry into the evidence of the complainant’s psychologist, whose clinical records were illegible.

25. November 2003 0
Administrative law – Physicians and surgeons – Disciplinary proceedings – Fairness – Decisions of administrative tribunals – College of Physicians and Surgeons – Evidence – O’Connor motion – Hearing de novo – Judicial review – Procedural requirements – Natural justice – Hearings – Disclosure Lee v. College of Physicians and Surgeons of Ontario, [2003] O.J. No. 3382, Ontario ...

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 ...