M.M. v. College of Physicians and Surgeons (B.C.), 2002 BCSC 1535
Judge | Bauman, J. |
Court | Supreme Court of British Columbia (Canada) |
Case Date | November 04, 2002 |
Jurisdiction | British Columbia |
Citations | 2002 BCSC 1535;[2002] B.C.T.C. 1535 (SC) |
M.M. v. College of Physicians, [2002] B.C.T.C. 1535 (SC)
MLB headnote and full text
Temp. Cite: [2003] B.C.T.C. TBEd. FE.093
M.M. (appellant) v. The College of Physicians and Surgeons of British Columbia (respondent)
(L010430; 2002 BCSC 1535)
Indexed As: M.M. v. College of Physicians and Surgeons (B.C.)
British Columbia Supreme Court
Vancouver
Bauman, J.
November 4, 2002.
Summary:
This headnote contains no summary.
Medicine - Topic 2124
Discipline for professional misconduct - Judicial review (appeals) - Scope of review respecting disciplinary findings - See paragraphs 25 to 68.
Medicine - Topic 2125
Discipline for professional misconduct - Judicial review (appeals) - Scope of review respecting punishment - See paragraphs 69 to 77.
Cases Noticed:
Jory v. College of Physicians and Surgeons (B.C.), [1985] B.C.J. No. 321 (S.C.), refd to. [para. 28].
J.C. v. College of Physicians and Surgeons (B.C.) (1990), 42 B.C.L.R.(2d) 257 (C.A.), refd to. [para. 30].
G.H. v. College of Physicians and Surgeons (B.C.) (1995), 8 B.C.L.R.(3d) 392 (S.C.), refd to. [para. 31].
I.F.K. v. College of Physicians and Surgeons (B.C.) (1998), 105 B.C.A.C. 106; 171 W.A.C. 106; 55 B.C.L.R.(3d) 349 (C.A.), refd to. [para. 31].
Dr. Q., Re (2001), 154 B.C.A.C. 12; 252 W.A.C. 12 (C.A.), leave to appeal granted (2001), 279 N.R. 200; 163 B.C.A.C. 320; 267 W.A.C. 320 (S.C.C.), refd to. [para. 32].
Dr. Q. v. College of Physicians and Surgeons (B.C.) - see Dr. Q., Re.
R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352; 63 C.C.C.(3d) 397; 3 C.R.(4th) 302, refd to. [para. 50].
Faryna v. Chorny (1951), 4 W.W.R.(N.S.) 171 (B.C.C.A.), refd to. [para. 50].
A Solicitor, Re, [1956] 3 All E.R. 516, refd to. [para. 75].
McKee v. College of Psychologists (B.C.) (1994), 47 B.C.A.C. 189; 76 W.A.C. 189; 95 B.C.L.R.(2d) 66 (C.A.), refd to. [para. 76].
Statutes Noticed:
Medical Practitioners Act, R.S.B.C. 1996, c. 285, sect. 73 [para. 27].
Counsel:
W.S. Clark and J.D. Meadows, for the appellant;
D. Martin, for the respondent.
This appeal was heard on September 5 and 6, 2002, before Bauman, J., of the British Columbia Supreme Court, who delivered the following decision on November 4, 2002.
Please note: The following judgment has not been edited.
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...equipped to weigh the seriousness of professional misconduct. For example, in M.(M.) v. College of Physicians & Surgeons (B.C.) , 2002 BCSC 1535, Bauman J., as he then was, stated at para. 75: [75] In Wade v. The Institute of Chartered Accounts (British Columbia) , (31 March 1991), New ......
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...equipped to weigh the seriousness of professional misconduct. For example, in M.(M.) v. College of Physicians & Surgeons (B.C.) , 2002 BCSC 1535, Bauman J., as he then was, stated at para. 75: [75] In Wade v. The Institute of Chartered Accounts (British Columbia) , (31 March 1991), New ......