Ahluwalia v. College of Physicians and Surgeons (Man.), (1999) 138 Man.R.(2d) 3 (CA)

• Judge: Huband, Helper and Monnin, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: April 14, 1999
• Jurisdiction: Manitoba
• Citations: (1999), 138 Man.R.(2d) 3 (CA)

Ahluwalia v. College of Physicians (1999), 138 Man.R.(2d) 3 (CA);

    202 W.A.C. 3

MLB headnote and full text

Temp. Cite: [1999] Man.R.(2d) TBEd. MY.044

Raj Ahluwalia (applicant/appellant) v. The College of Physicians and Surgeons of Manitoba (respondent/respondent)

(AI 98-30-03876; AI 98-30-03890)

Indexed As: Ahluwalia v. College of Physicians and Surgeons (Man.)

Manitoba Court of Appeal

Huband, Helper and Monnin, JJ.A.

May 14, 1999.

Summary:

An Inquiry Panel of the College of Phys­icians and Surgeons found that Dr. Ahluwa­lia had submitted rewritten patient charts to the College and purported that they were originals and that he was thereby guilty of professional misconduct. The Panel also found that he had demonstrated unfitness to practice medicine. The Executive Committee of the College ordered the erasure of Ahlu­walia's name from the register of the Col­lege and that he pay costs totalling $49,515.71. Ahluwalia applied for a review by way of appeal from both the Panel's findings and the Executive Commit­tee's order.

The Manitoba Court of Queen's Bench, in a decision reported at 128 Man.R.(2d) 161, dismissed the review application, finding that there was no basis to interfere with the decision of either the Inquiry Panel or the Executive Committee. Ahluwalia appealed. Only that portion of the appeal dealing with the Pan­el's findings of professional miscon­duct and unfitness to practice medicine was argued. The portion of the appeal dealing with the Executive Committee's order was adjourned pending the outcome of that por­tion of the appeal.

The Manitoba Court of Appeal, in a deci­sion reported at 134 Man.R.(2d) 152; 193 W.A.C. 152, dismissed that phase of the appeal.

The portion of the appeal dealing with the Executive Committee's order that Ahlu­wal­ia's name be erased from the register of the Col­lege and that he pay costs was heard.

The Manitoba Court of Appeal allowed that portion of the appeal. The court set aside the order of erasure from the register and ordered instead that Ahluwalia be sus­pended for six months. The court also imposed conditions that Ahluwalia undergo psychological assessment and treatment as directed by the Executive Committee and that he provide legible transcripts of his patient notes on a contemporaneous basis. Ahluwalia would remain liable to pay the costs in favour of the College.

Medicine - Topic 2027

Discipline for professional misconduct - Professional misconduct or conduct unbe­coming a member - Submitting rewritten patient charts as originals - An Inquiry Panel of the College of Phys­icians and Surgeons found that Dr. Ahluwa­lia had submitted rewritten patient charts to the College and purported that they were originals and that he was thereby guilty of professional misconduct - The Panel also found that he had demonstrated unfitness to practice medicine - The Executive Com­mittee of the College ordered the erasure of Ahlu­walia's name from the register of the Col­lege and that he pay costs totalling $49,515.71 - On appeal, the Manitoba Court of Appeal set aside the order of erasure from the register and ordered instead that Ahluwalia be suspended for six months - The court also imposed condi­tions that Ahluwalia undergo psychological assessment and treatment as directed by the Executive Committee and that he provide legible transcripts of his patient notes on a contemporaneous basis - Ahluwalia would remain liable for the costs order.

Medicine - Topic 2047

Discipline for professional misconduct - Discipline - Striking name from register - General - [See Medicine - Topic 2027 ].

Medicine - Topic 2052

Discipline for professional misconduct - Discipline - Order to pay costs of proceed­ings - [See Medicine - Topic 2027 ].

Medicine - Topic 2053

Discipline for professional misconduct - Discipline - Order that doctor undergo psychiatric assessment - [See Medicine - Topic 2027 ].

Medicine - Topic 2181

Discipline for professional misconduct - Punishments - General - Section 57(1) of the Medical Act provided that "Where a member is found by the inquiry committee to have been guilty of professional miscon­duct, conduct unbecoming a member, or to have demonstrated incapacity or unfitness to practice medicine, or to be suffering from an ailment that might if the member continues to practise medicine constitute a danger to the public, the council may by resolution (a) cause the name of that mem­ber to be erased from the register; or (b) suspend the licence of the member for a period not in excess of two years; or (c) reprimand the member; or (d) permit the member to practise upon such terms and conditions as it may deem appropriate" - The Manitoba Court of Appeal, after con­sidering the meaning of the word "or" in s. 57(1), held that the intent of the legislation was to provide flexibility in the application of a variety of sanctions, some of which could be employed in concert with others -See paragraphs 12 to 24.

Medicine - Topic 2185

Discipline of professional misconduct - Punishments - Suspension of licence - [See Medicine - Topic 2027 ].

Statutes - Topic 2413

Interpretation - Interpretation of words and phrases - Conjunctive words or phrases - [See Medicine - Topic 2181 ].

Words and Phrases

Or - The Manitoba Court of Appeal held that the word "or" in s. 57(1) of the Medi­cal Act, R.S.M. 1987, c. M-90, was con­junctive rather than disjunctive - See para­graphs 12 to 24.

Cases Noticed:

Federal Steam Navigation Co. v. Depart­ment of Trade and Industry, [1974] 2 All E.R. 97 (H.L.), refd to. [para. 17].

Marathon Realty Co. v. Regina (City) (1989), 80 Sask.R. 53; 64 D.L.R.(4th) 241 (C.A.), refd to. [para. 18].

Industrial Construction Ltd. v. Petit-Rocher (Village) (1980), 31 N.B.R.(2d) 288; 75 A.P.R. 288 (C.A.), refd to. [para. 19].

R. v. Shaw (1920), 54 D.L.R. 577 (Sask. C.A.), refd to. [para. 20].

Nassar v. College of Physicians and Sur­geons (Man.) (1994), 96 Man.R.(2d) 141 (Q.B.), refd to. [para. 21].

Nassar v. College of Physicians and Sur­geons (Man.) (1995), 107 Man.R.(2d) 12; 109 W.A.C. 12 (C.A.), refd to. [para. 22].

Statutes Noticed:

Medical Act, R.S.M. 1987, c. M-90, sect. 57(1) [para. 12].

Authors and Works Noticed:

Maxwell, Interpretation of Statutes (12th Ed. 1969), pp. 232-233 [para. 15].

Counsel:

S. Green, Q.C., and J.L. Sinclair, for the appellant;

R.F. Novek, for the respondent.

This appeal was heard on April 14, 1999, before Huband, Helper and Monnin, JJ.A., of the Manitoba Court of Appeal. The follow­ing judgment of the Court of Appeal was delivered by Huband, J.A., on May 14, 1999.