Berner v. College of Physicians and Surgeons of Ontario, (1984) 4 O.A.C. 153 (DC)

• Judge: Southey, Hollingworth and Smith, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: May 30, 1984
• Jurisdiction: Ontario
• Citations: (1984), 4 O.A.C. 153 (DC)

Berner v. College of Physicians (1984), 4 O.A.C. 153 (DC)

MLB headnote and full text

Berner v. College of Physicians and Surgeons of Ontario

Indexed As: Berner v. College of Physicians and Surgeons of Ontario

Ontario Divisional Court

Southey, Hollingworth and Smith, JJ.

June 6, 1984.

Summary:

Following a hearing, a doctor was found to be incapacitated by the Fitness to Practice Committee of the Ontario College of Physicians and Surgeons. The doctor appealed on the ground that the medical evidence tendered to the Committee was based on examinations of the doctor which occurred more than 1.5 years before.

The Ontario Divisional Court held that the evidence was not stale and was capable of being considered. The court dismissed the doctor's appeal.

Medicine - Topic 1310

Right to practice - Disqualification - Evidence - After a hearing, a medical society found that a doctor was medically incapacitated and unfit to practice medicine - The society considered medical evidence taken more than 1.5 years before the hearing - The Ontario Divisional Court held that the evidence was not stale and could be considered by the society, because of the continuing nature of the doctor's disability and the fact that he refused to acknowledge his problems and seek a cure or rehabilitation.

Counsel:

R.E. Stephenson, for the appellant;

Donald Posluns, for the respondent.

This appeal was heard before Southey, Hollingworth and Smith, JJ., of the Ontario Divisional Court on May 30, 1984. The decision of the Divisional Court was delivered by Southey, J., and released on June 6, 1984.