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 ...

An Application to quash an interim Order made by the Respondent Human Rights Tribunal requiring the Applicants to call as witnesses persons whom the Applicants did not wish to call and to produce “will-say” statements from those persons was allowed. The Tribunal’s Order was a clear breach of the principles of natural justice and procedural fairness to the Applicants and, potentially, to the witnesses and was therefore set aside. Natural justice and procedural fairness required that the parties be free to conduct their own cases.

28. March 2006 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Hearings – Compellability of witness – Judicial review – Witnesses – Natural justice – Procedural requirements and fairness – Evidence Universal Workers Union, Labourers’ International Union of North America Local 183 v. Ontario (Human Rights Commission), [2006] O.J. No. 50, Ontario Superior Court of Justice ...

The applicant objected to appearing at a hearing to determine whether his name should be entered on the Child Abuse Register, arguing he was not a compellable witness and the Ministry had not met its disclosure obligations. His application was dismissed, as section 11 of the Charter did not apply to a witness in civil proceeding. Section 7 applied but was not infringed because it was done in accordance with the principles of fundamental justice. Stinchcombe disclosure obligations do not apply to the Crown in such proceedings.

26. March 2002 0
Administrative law – Charter of Rights – Hearings – Compellability of witness – Disclosure – Child abuse registers Nova Scotia (Minister of Community Services) v. D.J.M., [2002] N.S.J. No. 119, Nova Scotia Supreme Court (Family Division), March 4, 2002, Hood J. The Ministry of Community Services sought to have the name of D.J.M. placed on ...