Huerto v. College of Physicians and Surgeons (Sask.), 1996 CanLII 4920 (BS SC)

JudgeCameron, Gerwing and Lane, JJ.A.
CourtCourt of Appeal (Saskatchewan)
Case DateJanuary 15, 1996
JurisdictionSaskatchewan
Citations1996 CanLII 4920 (BS SC);[1996] 4 WWR 153;1996 CanLII 4920 (SK CA);34 Admin LR (2d) 159;133 DLR (4th) 100;(1996), 141 Sask.R. 3 (CA);141 Sask R 3

Huerto v. College of Physicians (1996), 141 Sask.R. 3 (CA);

    114 W.A.C. 3

MLB headnote and full text

The College of Physicians and Surgeons of Saskatchewan (appellant) v. Dr. Carlos Huerto (respondent)

(Appeal File No. 1957)

Indexed As: Huerto v. College of Physicians and Surgeons (Sask.)

Saskatchewan Court of Appeal

Cameron, Gerwing and Lane, JJ.A.

January 15, 1996.

Summary:

The Disciplinary Committee of the College of Physicians and Surgeons found Dr. Huerto guilty of 24 counts of professional misconduct. Huerto appealed.

The Saskatchewan Court of Queen's Bench, in a decision reported at 124 Sask.R. 33, allowed the appeal and quashed the decision. The College of Physicians and Surgeons appealed.

The Saskatchewan Court of Appeal dis­missed the appeal.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal (incl. bias) - Bias - Apprehension of - A discipline committee found Dr. Huerto guilty of 24 counts of professional mis­conduct - At the outset of the hearing, Huerto had expressed an apprehension of bias respecting a member of the Commit­tee, because that member had participated on a discipline committee five years earlier which had investigated professional mis­conduct by Huerto and convicted him of one of three counts - The Saskatchewan Court of Queen's Bench found that there was a reasonable apprehension of bias and quashed all findings of guilt - The court stated that the question to be resolved by the Committee was one of a reasonable apprehension of bias, not whether the Committee was capable of performing its task without bias - The Saskatchewan Court of Appeal affirmed the decision - See paragraphs 9 to 18.

Medicine - Topic 2106

Discipline for professional misconduct - Evidence - Expert knowledge of tribunal - A discipline committee found Dr. Huer­to, a cardiologist, guilty of 24 counts of professional misconduct - The Sas-katchewan Court of Queen's Bench found that the Committee incorrectly applied its own medical knowledge in reaching its decision and quashed all find­ings of guilt - The court was especially concerned with the extent to which the Committee mem­bers (a surgeon, an anaes­thetist and two general practitioners) drew upon their own knowledge in determining the standard of care required of a cardiol­ogist - The Saskatchewan Court of Appeal affirmed the decision - See paragraphs 19 to 28.

Cases Noticed:

Newfoundland Telephone Co. v. Board of Commissioners of Public Utilities (Nfld.), [1992] 1 S.C.R. 623; 134 N.R. 241; 95 Nfld. & P.E.I.R. 271; 301 A.P.R. 271, consd. [para. 10].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276; 56 C.R.(3d) 193; [1987] 3 W.W.R. 699; 38 D.L.R.(4th) 508; 33 C.C.C.(3d) 1; 28 C.R.R. 122; 13 B.C.L.R.(2d) 1, refd to. [para. 10].

Spence v. Spencer and Prince Albert Board of Police Commissioners (1987), 53 Sask.R. 35 (C.A.), refd to. [para. 14].

Szilard v. Szasz, [1955] S.C.R. 3, refd to. [para. 15].

Committee for Justice and Liberty Foun­dation et al. v. National Energy Board et al., [1978] 1 S.C.R. 369; 9 N.R. 115; 68 D.L.R.(3d) 716, refd to. [para. 15].

Sen v. Col­lege of Physicians and Surgeons (Sask.) (1969), 69 W.W.R.(N.S.) 201 (Sask. C.A.), consd. [para. 20].

Innisfil (Township) v. Vespra (Township); South Simco Estates et al., [1981] 2 S.C.R. 145; 37 N.R. 43, refd to. [para. 21].

Counsel:

Bryan Salte, for the appellant;

Brian Scherman, for the respondent.

This appeal was heard on January 15, 1996, before Cameron, Gerwing and Lane, JJ.A., of the Saskatchewan Court of Appeal. The decision of the Court of Appeal was rendered orally on January 15, 1996, and the following reasons were delivered by Camer­on, J.A., on February 7, 1996.

To continue reading

Request your trial
26 practice notes
  • R. v. R.D.S., [1997] 3 SCR 484
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • September 26, 1997
    ...214; 54 O.A.C. 164; 74 C.C.C.(3d) 134; 13 C.R.(4th) 257, refd to. [para. 41]. Huerto v. College of Physicians and Surgeons (Sask.) (1996), 141 Sask.R. 3; 114 W.A.C. 3; 133 D.L.R.(4th) 100 (C.A.), refd to. [para. 42]. R. v. Valente, [1985] 2 S.C.R. 673; 64 N.R. 1; 14 O.A.C. 79; 49 C.R.(3d) 9......
  • Xerox Canada Ltd. et al. v. MPI Technologies Inc. et al., [2006] O.T.C. 1339 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • November 30, 2006
    ...District No. 44) at 655; Huerto v. College of Physicians and Surgeons (1994), 117 D.L.R. (4th) 129 at 137-139 (Sask. Q.B.) aff'd (1996), 133 D.L.R. (4th) 100 at 106-107 (Sask. C.A.); Dennis v. British Columbia (Superintendent of Motor Vehicles) (2000), 82 B.C.L.R. (3d) 313 at paras. 10-12, ......
  • Gordon v. R. et al., 44 Admin LR (3d) 55
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • March 7, 2002
    ...they may not substitute their knowledge or experience for the evidence: see Huerto v. College of Physicians and Surgeons (Sask.), [1996] 4 W.W.R. 153 (Sask. C.A.). As in Dennis , the Adjudicator in this case breached the rules of natural justice by using his 'own knowledge in place of prope......
  • DeMaria v. Law Society of Saskatchewan, (2015) 465 Sask.R. 290 (CA)
    • Canada
    • Saskatchewan Court of Appeal (Saskatchewan)
    • June 25, 2015
    ...134 N.R. 241; 95 Nfld. & P.E.I.R. 271; 301 A.P.R. 271, refd to. [para. 42]. Huerto v. College of Physicians and Surgeons (Sask.) (1996), 141 Sask.R. 3; 114 W.A.C. 3; 133 D.L.R.(4th) 100 (C.A.), refd to. [para. United Enterprises Ltd. v. Liquor and Gaming Licensing Commission (Sask.) et ......
  • Request a trial to view additional results
26 cases
  • R. v. R.D.S., [1997] 3 SCR 484
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • September 26, 1997
    ...214; 54 O.A.C. 164; 74 C.C.C.(3d) 134; 13 C.R.(4th) 257, refd to. [para. 41]. Huerto v. College of Physicians and Surgeons (Sask.) (1996), 141 Sask.R. 3; 114 W.A.C. 3; 133 D.L.R.(4th) 100 (C.A.), refd to. [para. 42]. R. v. Valente, [1985] 2 S.C.R. 673; 64 N.R. 1; 14 O.A.C. 79; 49 C.R.(3d) 9......
  • Xerox Canada Ltd. et al. v. MPI Technologies Inc. et al., [2006] O.T.C. 1339 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • November 30, 2006
    ...District No. 44) at 655; Huerto v. College of Physicians and Surgeons (1994), 117 D.L.R. (4th) 129 at 137-139 (Sask. Q.B.) aff'd (1996), 133 D.L.R. (4th) 100 at 106-107 (Sask. C.A.); Dennis v. British Columbia (Superintendent of Motor Vehicles) (2000), 82 B.C.L.R. (3d) 313 at paras. 10-12, ......
  • Gordon v. R. et al., 44 Admin LR (3d) 55
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • March 7, 2002
    ...they may not substitute their knowledge or experience for the evidence: see Huerto v. College of Physicians and Surgeons (Sask.), [1996] 4 W.W.R. 153 (Sask. C.A.). As in Dennis , the Adjudicator in this case breached the rules of natural justice by using his 'own knowledge in place of prope......
  • R. v. R.D.S., (1997) 161 N.S.R.(2d) 241 (SCC)
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • September 26, 1997
    ...214; 54 O.A.C. 164; 74 C.C.C.(3d) 134; 13 C.R.(4th) 257, refd to. [para. 41]. Huerto v. College of Physicians and Surgeons (Sask.) (1996), 141 Sask.R. 3; 114 W.A.C. 3; 133 D.L.R.(4th) 100 (C.A.), refd to. [para. 42]. R. v. Valente, [1985] 2 S.C.R. 673; 64 N.R. 1; 14 O.A.C. 79; 49 C.R.(3d) 9......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT