The Health Professions Appeal Board (the “Board”) conceded it had exceeded its jurisdiction by making findings of gross criminal misconduct against a physician and relying on materials which were never disclosed to the physician or his counsel. The Board agreed that its decision should be quashed but submitted that the matter should be remitted back for a new review before a differently constituted panel of the Board. The Court of Appeal refused to remit the matter back to the Board, and found that there were exceptional circumstances (the interest of the public in the matter was remote and the delay was serious) which warranted the exercise of its discretion to refuse to remit.

25. February 2003 0
Administrative law – Decisions of administrative tribunals – Discretion of court – Judicial review – Jurisdiction of court – Tribunal decisions – Physicians and surgeons – Disciplinary proceedings – Evidence – Delay – Public interest Rathé v. Ontario (Health Professions Appeal and Review Board), [2002] O.J. No. 4787, Ontario Superior Court of Justice, December 6, 2002, Blair, ...