A professional regulatory body erred in its application of the law when assessing whether collateral police evidence was admissible

16. April 2019 0
Administrative law – Decisions reviewed – College of Veterinarians – Judicial review – Appeals – Evidence – admissibility – Standard of review – Correctness – Veterinarians – Disciplinary proceedings College of Veterinarians of Ontario v. Choong, [2019] O.J. No. 837, 2019 ONSC 946, Ontario Superior Court of Justice, February 20, 2019, G.B. Morawetz R.S.J., C.J. Horkins ...

The Alberta Court of Appeal allowed an appeal made by a veterinarian from a regulatory order suspending his licence and requiring him to attend addictions treatment on the basis that he was denied procedural fairness

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Competence – Licence to practice – Suspensions – Judicial review – Natural justice – Procedural requirements and fairness – Notice – Disclosure Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 1398, 2015 ABCA 396, Alberta Court of Appeal, ...

The Alberta Court of Appeal granted a veterinarian’s application for a stay of suspension from practice

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Penalties and suspensions – Remedies – Injunctions – Judicial review – Stay of proceedings Irwin v. Alberta Veterinary Medical Assn., [2015] A.J. No. 553, 2015 ABCA 176, Alberta Court of Appeal, May 21, ...

An assessment which falls below the minimum standard of care required, but does not lead to a misdiagnosis, may lead to a finding of veterenarian’s unprofessional conduct

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct – Competence – Judicial review – Evidence –  Compliance with legislation – Standard of review – Reasonableness simpliciter Karagic v. Alberta Veterinary Medical Assn., [2013] A.J. No. 481, 2013 ABCA 169, Alberta Court of Appeal, May 21, ...

An appeal by the B.C. Veterinary Medical Association (the “Association”), from an order quashing the decision of the Association’s disciplinary committee and council, was allowed. The B.C. Court of Appeal held that although tribunals normally have the capacity to adjudicate on issues of bias, if the issue is being heard before a different body then this amounts to an abuse of process and is a waste of resources.

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Human rights – Discrimination – Veterinarians – Disciplinary proceedings – Judicial review – Abuse of process – test – Jurisdiction – Institutional bias Bajwa v. British Columbia Veterinary Medical Association, [2011] B.C.J. 1065, 2011 BCCA 265, British Columbia Court of Appeal, June 13, 2011, ...

A disciplinary decision made by the Council of the British Columbia Veterinary Association, without a meeting, is overturned on the basis that the process followed did not accord with the Association’s Bylaws

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Rules and by-laws – Adherence to by-laws – Veterinarians – Disciplinary proceedings – Hearings – Conduct of hearings – Judicial review – Bias – Procedural requirements and fairness Bhullar v. British Columbia Veterinary Medical Association, [2011] B.C.J. No. 235, 2011 BCSC 182, British Columbia ...

The Appellant (the Council of the Saskatchewan Veterinary Medical Association) unsuccessfully brought an appeal to set aside the decision of a Chambers judge, which had set aside its finding of unprofessional conduct against the Respondent, John Philip Murray

22. February 2011 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Hearings – Conduct of hearings – Veterinarians – Professional governance and discipline – Professional misconduct or conduct unbecoming – Judicial review – Compliance with legislation – Standard of review – Correctness – Witnesses – Evidence – Procedural requirements and fairness Murray v. Saskatchewan Veterinary ...

Upon judicial review, the court quashed a decision made by the Inquiry Committee of the British Columbia Veterinary Medical Association on the grounds that it committed a breach of procedural fairness by declining to consider the petitioner’s argument about institutional bias

24. August 2010 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Judicial review – Procedural requirements and fairness – Bias – Jurisdiction – Standard of review – Correctness Bajwa v. British Columbia Veterinary Medical Assn., [2010] B.C.J. No. 1169, 2010 BCSC 848, British Columbia Supreme Court, June 16, 2010, M.J. ...

The Association’s appeal was partially successful regarding the B.C. Supreme Court decision to set aside its decision denying Dr. Joshi’s application for admission. Dr. Joshi’s cross-appeal was dismissed.

Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Professional governance and discipline – Licence to practice – Character evidence – Hearings – Appeals – Judicial review – Jurisdiction – Evidence – Delay – Procedural requirements and fairness – Natural justice Joshi v. British Columbia Veterinary Medical Association, [2010] B.C.J. No. ...

A veterinarian appealed a decision of the Respondent Association, which had found him guilty of unprofessional conduct for inappropriately trapping, handling, and marketing white-tailed deer. The Court allowed the appeal and quashed the Association’s decision, on the basis that it had admitted into evidence a videotaped statement without a correct consideration of the applicable principles, contrary to specific provisions in the Wildlife Act and in breach of the discipline committee’s duty of fairness.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Hearsay evidence – admissibility – Natural justice – Procedural requirements and fairness – Compliance with legislation – Witnesses – Failure to provide adequate reasons – Standard of review – Correctness ...