Digest: Pillay v College of Physicians and Surgeons of Saskatchewan, 290 ACWS (3d) 206

• Date: February 14, 2018

Reported as: 290 ACWS (3d) 206 , 2018 SKQB 54

Docket Number: QB17451 , QBG 1366/16 JCS

Court: Court of Queen's Bench

Date: 2018-02-14

Judges:

• Currie

Subjects:

• Professions and Occupations � Physicians and Surgeons � Discipline - Appeal

Digest: The appellant appealed from a decision of the discipline committee of the College of Physicians and Surgeons that found him guilty of improper conduct. A patient alleged that during a medical appointment with the appellant, he hugged her and asked her if he could kiss her. The appellant denied the allegations. The committee�s decision was based upon its determination of the credibility of the appellant and the patient. It found that it was confident in the patient�s testimony but not in that of the appellant and concluded that he had engaged in the conduct. He appealed on the basis that the committee�s decision was unreasonable, asserting that errors were made in various aspects of the decision.
HELD: The appeal was dismissed. The standard of review was reasonableness. The court noted that although its review was of the committee�s ultimate decision, it would examine the reasonableness of each element of the decision. It found that the committee had not made unreasonable decisions when assessing the points raised by the appellant, nor had it committed palpable and overriding errors. The ultimate decision fell within the realm of reasonableness.

Cases Considered:

• Abouhamra v Prairie North Regional Health Authority, 2016 SKQB 293, 16 Admin LR (6th) 265
• Dunsmuir v New Brunswick, 2008 SCC 9, [2008] 1 SCR 190, 291 DLR (4th) 577, 229 NBR (2d) 1, 64 CCEL (3d) 1, 69 Admin LR (4th) 1 F.H. v McDougall, 2008 SCC 53, [2008] 3 SCR 41, 297 DLR (4th) 193, 61 CR (6th) 1
• R v Lindsay, 2005 CanLII 24240, [2005] OTC 583
• R v R.W.B., [1993] BCWLD 1158, 19 WCB (2d) 260, 24 BCAC 1
• Ryan v Law Society of New...