The appellant, Dr. Hefnawi, was enrolled in the Medical Services Plan (“MSP”). In 2010, he was audited by the Billing Integrity Program (“BIP”). The Medical Services Commission (the “Commission”) sought recovery of funds for fraudulent or mispresented patient billing and gave notice of its intention to cancel the appellants enrolment as a practitioner under the Medicare Protection Act, RSBC 1996, c. 286 (“MPA”).

16. October 2018 0
Administrative law – Decisions reviewed – Ministry of Health Billing Integrity Program – Judicial review – Appeals – Natural Justice – Procedural requirements and fairness – Evidence – Physicians and surgeons – Disciplinary proceedings – Billing matters – Records Hefnawi v Health Care Practitioners Special Committee for Audit Hearings, [2018] B.C.J. No. 2932, 2018 BCSC ...

The Applicant, Chartered Professional Accountants of British Columbia (“CPABC”), unsuccessfully sought leave to appeal a decision of the British Columbia Supreme Court. The Supreme Court had allowed a statutory appeal from a discipline decision made by the CPABC against the Respondent, Mr. Vuong Nguyen.

18. September 2018 0
Administrative law – Decisions reviewed – Chartered Professional Accountants Disciplinary Committee – Judicial review – Appeals – Correctness – Accountants – Disciplinary proceedings – Procedural fairness Nguyen v. Chartered Professional Accountants of British Columbia, [2018] B.C.J. No. 1428, 2018 BCCA 299, British Columbia Court of Appeal, July 17, 2018, J.E.D. Savage J.A. (In Chambers) Mr. ...

Where a hearing panel’s penalty decision falls within a reasonable range of outcomes, deference should be given to that committee’s decision in light of its expertise

17. July 2018 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Appeals – Standard of review – Reasonableness – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with patients – Suspensions College of Physicians and Surgeons of Ontario v. Peirovy, [2018] OJ No 2341, ...

A prior penalty decision can be considered by a hearing panel in making a subsequent penalty decision, even if the prior penalty is under review, depending on the wording of the governing legislation

17. July 2018 0
Administrative law – Decisions reviewed – Law Societies – Judicial review – Appeals – Standard of review – Reasonableness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct – Suspensions Law Society of British Columbia v. Perrick, [2018] BCJ No 785, 2018 BCCA 169, British Columbia Court of Appeal, May 2, 2018, M.E. Saunders, ...

The appellant high school teacher appealed a finding of professional misconduct made against him, and the resulting penalty, arising from interactions that he had with students and health unit staff at a school immunization clinic; court dismissed the appeal and affirmed the misconduct finding and penalty

17. April 2018 0
Administrative law – Decisions reviewed – College of Teachers – Teachers – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties – Appeals – Judicial review – Standard of review – Reasonableness Sullivan v. Ontario College of Teachers, [2018] O.J. No. 705, 2018 ONSC 942, Ontario Superior Court of Justice, February 7, 2018, W.M. ...

SKQB holds that its jurisdiction, with respect to the suspension of surgical privileges, did not arise until after the Tribunal rendered a decision in discipline process

20. February 2018 0
Dr. Patel had surgical privileges in the respondent, Regina Qu’Appelle Regional Health Authority (the “Health Authority”). Dr. Patel commenced an application for judicial review while he was still involved in a discipline process of the Health Authority. The Health Authority’s Senior Medical Officer successfully applied to quash the application for judicial review. Administrative law – ...

Ontario court finds Toronto Soccer Association and Ontario Soccer Association breached standard of fairness by failing to give adequate notice of the infractions at issue and the sanctions that could be faced in dispute over player ages

16. January 2018 0
Administrative law – Decisions reviewed – Soccer Association – Judicial review – Procedural requirements and fairness – Jurisdiction – Notice – Associations and clubs – Disciplinary proceedings Islington Rangers Soccer League v. Toronto Soccer Association, [2017] O.J. No. 5647, 2017 ONSC 6229, Ontario Superior Court of Justice, November 2, 2017, M. Koehnen J. The Ontario ...

CGA successful on judicial review in setting aside liability and penalty decisions in a professional misconduct matter

21. June 2017 0
Administrative law – Decisions of administrative tribunals – Certified General Accountants – Judicial review – Evidence – Credibility – Standard of review – Reasonableness – Professions – Accountants – Disciplinary proceedings – Procedural fairness Richmond v. Discipline Committee of the Certified General Accountants Assn. of Ontario, [2017] O.J. No. 2078, 2017 ONSC 1765, Ontario Superior ...

Ontario Civil Police Commission finds Hearing Officer failed to provide a minimum level of assistance to unrepresented party and orders a new hearing

15. May 2017 0
The applicant is a police officer with the Amherstburg Police Service. The respondent made a complaint to the Office of the Independent Policy Review Director (“OIPRD”) as a result of a confrontation he had with the applicant when he was pulled over. As a result of the confrontation, the respondent was charged with assaulting a ...

Alberta Court of Appeal affirms finding of unprofessional conduct and concludes sanction imposed on surveyor was not unreasonable

17. February 2017 0
Appeal from decision of Council of Alberta Land Surveyors’ Association from finding surveyor engaged in unprofessional conduct for removing a survey monument contrary to the provisions of the Land Surveyor’s Act. Administrative law – Conduct unbecoming – Correctness – Council of the Alberta Land Surveyors’ Association – Decisions reviewed – Disciplinary proceedings – Judicial Review – ...