A dentist (“Dr. Hover”) was unsuccessful in his appeal from a decision of the Alberta Dental Association upholding a finding of professional misconduct, including a finding that he had failed to produce his records to them without justification

22. November 2005 0
Administrative law – Dentists – Disciplinary proceedings – Hearings – Failure to produce records – Penalties and suspensions – Judicial review – Bias – Standard of review – Reasonableness simpliciter – Evidence –  Of administrative tribunals – Dental Association Hover v. Alberta Dental Association, [2005] A.J. No. 1254, Alberta Court of Appeal, October 3, 2005, Conrad, Picard and ...

A dentist (“Dr. Sigesmund”) with a practice restricted to the treatment of temporomandibular joint disorders was partially successful in his appeal from a decision of the Discipline Committee of the Royal College of Dental Surgeons of Ontario (the “College”) where he was originally found guilty of multiple counts of professional misconduct

27. September 2005 0
Administrative law – Dentists – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Witnesses – Bias – Evidence – Standard of review – Reasonableness simpliciter Sigesmund v. Royal College of Dental Surgeons of Ontario, [2005] O.J. No. 3267, Ontario Superior Court of ...

A dentist (“Dr. Drake”) was unsuccessful in his application for judicial review of the decision of the Health Professions Appeal and Review Board (the “Board”). The court found that the Board was acting reasonably in finding that the Complaints Committee of the Royal College of Dental Surgeons of Ontario (the “Committee”) had conducted an adequate investigation into a complaint that Dr. Drake had not been diligent in obtaining consent to treatment from a patient.

26. April 2005 0
Administrative law – Dentists – Disciplinary proceedings – Investigations – Judicial review – Mental health – Consent to treatment – Substitute decision maker Drake v. Royal College of Dental Surgeons of Ontario, [2005] O.J. No. 755, Ontario Superior Court of Justice, March 2, 2005, G.D. Lane, A.M. Molloy and D.J. Power JJ. The mother of the complainant ...

A decision made by a Panel of the College of Dental Surgeons of British Columbia was remitted back to the Panel for reconsideration and determination of the appropriate penalty after the Court held that it was inappropriate for the Panel to decide, in the face of submissions from both parties that the appropriate penalty was suspension and cancellation of the member’s registration as a dentist in British Columbia

25. January 2005 0
Administrative law – Dentists – Disciplinary proceedings – Penalties – Decisions of administrative tribunals – College of Dental Surgeons – Judicial review – Natural justice – Procedural requirements and fairness Gavrilko v. College of Dental Surgeons of British Columbia, [2004] B.C.J. No. 2437, British Columbia Supreme Court, November 24, 2004, Williamson J. The Appellant dentist appealed the ...

Three graduates of non-Canadian dentistry schools (the “Applicants”) were unsuccessful in their applications for judicial review of the decisions of the Alberta Dental Association and College and the associated Council denying their registration and licensing attempts to become dentists who could practice in Alberta

28. December 2004 0
Administrative law – Dentists – Governance – Licence to practice – Examinations – Foreign graduates – Decisions of administrative tribunals – Dental Association and College – Judicial review – Standard of review – Patent unreasonableness – Limitations Patterson v. Alberta Dental Assn. And College, [2004] A.J. No 1162, Alberta Court of Queen’s Bench, October 14, 2004, ...

A dentist (“Violette”), applied for judicial review of the decision of the New Brunswick Dental Society, in which the Society ordered that Violette be prohibited from treating patients with TMJ disorder and from practising orthodontics. The New Brunswick Court of Queen’s Bench dismissed the application, holding that the Court should not review the decision of the Discipline Committee when the Applicant had available other avenues of review which he had not pursued.

27. May 2003 0
Administrative law – Dentists – Disciplinary proceedings – Governance – Judicial review – Self-governing professions Violette v. New Brunswick Dental Society, [2003] N.B.J. No. 129, New Brunswick Court of Queen’s Bench, March 26, 2003, Garnett J. Violette argued that the Board did not have legal training, and so he should not have to pursue his option ...