Know your limits – review board cannot dictate process to College

Administrative law – Decisions reviewed – Health Professions Review Board – Judicial review – Standard of review – Patent unreasonableness – Dentists – Investigations College of Dental Surgeons of British Columbia v. British Columbia (Health Professions Review Board), [2022] B.C.J. No. 1011, 2022 BCSC 941, British Columbia Supreme Court, June 7, 2022, S. Wilkinson J. ...

Careful what you agree to: where a party enters into an agreed statement of facts and admits unprofessional conduct, and a decision is made based largely on the agreed statement of facts and admission, overturning that decision would be to undermine the efficacy of agreed statements of fact

21. September 2021 0
Administrative law – Decisions reviewed – College of Dental Surgeons – Judicial review – Appeals – Evidence – Standard of review – Reasonableness – Dentists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties Byun v. Alberta Dental Assn. and College, [2021] A.J. No. 1019, 2021 ABCA 272, Alberta Court of Appeal, July ...

Where a matter is remitted for reconsideration, statutory decision maker is presumed to give full weight to the decision of the reviewing court

15. September 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Judicial review – Appeals – Standard of review – Reasonableness – Dentist – Professional misconduct or conduct unbecoming – Law of reconsideration Zuk v. Alberta Dental Association and College, [2020] A.J. No. 500, 2020 ABCA 162, Alberta Court of Appeal, April 29, 2020, B.K. ...

The decision of an examining board failed to clearly consider the applicant’s health concerns following a failed assessment

16. June 2020 0
Administrative law – Decisions reviewed – Dental Board Association and College – Failure to provide reasons – Judicial review – Standard of review – Reasonableness – Dentist – Training requirements Mattar v. National Dental Examining Board of Canada, [2020] O.J. No. 779, 2020 ONSC 403, Ontario Superior Court of Justice, February 24, 2020, C.D. Aitken, ...

Dentist seeks judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him due to the fact that he was suffering from bipolar disorder at the time

19. November 2015 0
Dentist sought judicial review of College’s actions in negotiating, entering into, and enforcing a settlement agreement with him as he was suffering from bipolar disorder at the time. In the alternative, he sought an order converting the petition to a Supreme Court action. No relief was available in the circumstances under the Judicial Review Procedure ...

A dentist registered in British Columbia who attempted judicial review of a decision of the Alberta Dental Association and College refusing his registration as a dentist in Alberta, was unsuccessful

24. March 2015 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Dentists – Governance – Licence to practice – Jurisdiction – Judicial review – Compliance with legislation – Standard of review – Correctness – Reasonableness simpliciter Lum v. Council of the Alberta Dental Association and College, Review Panel, [2015] A.J. No. 19 , 2015 ...

The Court allowed a petition brought by the College of Dental Surgeons of British Columbia. The College took issue with a decision of the Respondent, Health Professions Review Board relating to Dr. Ronald Scammell’s treatment for Ms. Patsy McConville.

25. November 2014 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Investigations – Health Professions Review Board – Dentists – Disciplinary proceedings – Competence – Judicial review – Standard of review – Patent unreasonableness – Jurisdiction College of Dental Surgeons of British Columbia v. Health Professions Review Board, [2014] B.C.J. No. 2443, 2014 ...

The Court held that the applicant was a member of the College of Dental Surgeons of Saskatchewan at the time of the impugned conduct and at the commencement of the investigation and thus it was within the College’s jurisdiction to hear and determine the complaint

25. October 2011 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Dentists – Former member – Investigations – Judicial review – Compliance with legislation – Jurisdiction of tribunal Abouabdallah v. College of Dental Surgeons of Saskatchewan, [2011] S.J. No. 526, 2011 SKCA 99, Saskatchewan Court of Appeal, September 2, 2011, W.J. Vancise, R.K. ...

Lack of procedural fairness by an administrative tribunal resulted in the British Columbia Supreme Court referring the matter back to the administrative tribunal on an expedited basis with the registrant member having the opportunity to make submissions on conditions, versus suspension

Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Inquiry committee decisions – Dentists – Disciplinary proceedings – Penalties and suspensions – Judicial review – Procedural requirements and fairness – Notice – Failure to provide reasons – Confidentiality Stelmaschuk v. College of Dental Surgeons of British Columbia, [2011] B.C.J. No. 750, ...

The Appellant Dentist successfully appealed the Respondent Board’s finding that he was guilty of professional misconduct

22. December 2009 0
Administrative law – Decisions of administrative tribunals – Dental Board – Dentists – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Hearings – Conduct of hearings – Settlements – Judicial review – Procedural requirements and fairness – Natural justice – Standard of review – Correctness Chandrasegaram v. Newfoundland and Labrador Dental Board, [2009] N.J. ...