Kooner v. College of Physicians and Surgeons of Ontario
The appeal was dismissed because the Divisional Court correctly found that the Discipline Committee's refusal to grant an adjournment resulted in denial of fairness/natural justice, requiring a rehearing despite the usual deference to committees on adjournment decisions.
Source-derived case information.
- Citation
- C39733
- Parties
- Respondent: Dr. Sukdev Kooner; Appellant: College of Physicians and Surgeons of Ontario
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 November 2003
- Procedural Posture
- Civil / Appeal to the Court of Appeal From the Divisional Court Decision Setting Aside Discipline Committee Decisions; Hearing and Endorsement at the Court of Appeal
- Outcome
- Appeal dismissed; Divisional Court order reinstated; matter remitted to the Discipline Committee for a rehearing.
- Legal Topics
- Adjournment, Procedural Fairness, Natural Justice, Judicial Deference, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dr. Sukdev Kooner
Respondent
College of Physicians and Surgeons of Ontario
Appellant
Procedural Posture
Civil / Appeal to the Court of Appeal From the Divisional Court Decision Setting Aside Discipline Committee Decisions; Hearing and Endorsement at the Court of Appeal
Legal Issues
- 1 Whether an appellate court should interfere with a Discipline Committee's discretionary refusal to grant an adjournment
- 2 Whether the refusal to grant an adjournment denied procedural fairness/natural justice
- 3 Whether the public interest could be protected during an adjournment by imposing terms under s.16(1)
Ratio Decidendi
The appeal was dismissed because the Divisional Court correctly found that the Discipline Committee's refusal to grant an adjournment resulted in denial of fairness/natural justice, requiring a rehearing despite the usual deference to committees on adjournment decisions.
Court Disposition
Appeal dismissed; Divisional Court order reinstated; matter remitted to the Discipline Committee for a rehearing.
Orders
- Matter remitted to the Discipline Committee for a rehearing.
- Costs to the respondent fixed at $20,000 inclusive of G.S.T. and disbursements.
Full Case Text
Judgment text and source record
1 paragraphs
Kooner v. College of Physicians and Surgeons of Ontario Collection Decisions of the Court of Appeal Date 2003-11-06 Docket numbers C39733 Judges Weiler, Karen Merle Magnuson; Sharpe, Robert J.; Rivard, Paul U. Subject Civil Decision Content DATE: 20031106 DOCKET: C39733 COURT OF APPEAL FOR ONTARIO RE: DR. SUKDEV KOONER (Appellant) (Respondent) - and - THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO (Respondent) (Appellant) BEFORE: WEILER, SHARPE JJ.A. and RIVARD J. (ad hoc) COUNSEL: Linda Rothstein for the appellant Matthew Wilton for the respondent HEARD & ENDORSED: November 5, 2003 On appeal from the order of the Divisional Court (Robert A. Blair R.S.J, Ellen M. MacDonald and Barry MacDougall JJ.) dated December 9, 2002 setting aside the decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario dated July 9, 2001 and November 16, 2001. APPEAL BOOK ENDORSEMENT [1] An appellate court will only interfere with the discretion of the Discipline Committee to refuse an adjournment in rare circumstances, namely, when the appellant demonstrates that he or she was denied fairness or natural justice. In its endorsement the Divisional Court concluded: We are all of the opinion that the appeal should be allowed and the matter remitted back to the Discipline Committee for a rehearing because of fairness and natural justice concerns flowing from the Committee's failure to grant an adjournment. [2] We are not persuaded that the Divisional Court erred despite the very effective argument of Ms. Rothstein, counsel for the College. In addition, the Divisional Court was entitled to take into account that the public interest could be protected during an adjournment by the imposition of terms pursuant to s. 16(1) [3] Accordingly, the appeal is dismissed. Costs of the appeal to the respondent are fixed in the amount of $20,000 inclusive of G.S.T. and disbursements.