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 ...

The Court dismissed an application for judicial review of a decision of the respondent medical association, which by an order of its Council, directed an inquiry committee to hold a new hearing investigating the applicant’s actions. This application was premature because the inquiry committee’s decision was interlocutory in nature and the jurisdictional question exception did not apply. If the application was not premature, the standard of review was reasonableness and the Council’s decisions were reasonable.

22. July 2008 0
Administrative law – Decisions of administrative tribunals – Veterinary Associations – Veterinarians – Disciplinary proceedings – Judicial review application – Premature – Hearings – Conduct of hearings – Jurisdiction – Procedural requirements and fairness – Evidence – Standard of review – Reasonableness simpliciter Bajwa v. British Columbia Veterinary Medical Association, [2008] B.C.J. No. 1131, British ...

A veterinarian who had practised in India (“Dr. Joshi”) achieved partial success in appealing the decision of the Council of the B.C. Veterinary Association (the “Association’) refusing to admit him as a member

22. April 2008 0
Administrative law – Decisions of administrative tribunals – Veterinary Association – Veterinarians – Licence to practice – Unauthorized practice – Regulatory powers of tribunals – Judicial review – Natural justice – Procedural requirements and fairness – Evidence – Jurisdiction – Witnesses Joshi v. British Columbia Veterinary Medical Association, [2008] B.C.J. No. 298, 2208 BCSC 208, ...

Butterworth failed in his application seeking a stay of his disciplinary hearing before a committee of the College of Veterinarians of Ontario where the court found that prospective damage to Butterworth’s personal and professional reputation did not constitute “irreparable harm”

23. April 2002 0
Administrative law – Veterinarians – Disciplinary proceedings – Stay of proceedings – Jurisdiction – Judicial review – Standard of review – Correctness test Butterworth v. College of Veterinarians of Ontario, [2001] O.J. No. 5265, Ontario Superior Court of Justice, August 10, 2001, MacFarland J. Butterworth, a veterinarian, was scheduled to have his case heard before a ...