Osif v. College of Physicians and Surgeons (N.S.), 2015 NSCA 46

• Judge: Beveridge, J.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: May 07, 2015
• Jurisdiction: Nova Scotia
• Citations: 2015 NSCA 46;(2015), 359 N.S.R.(2d) 187 (CA)

Osif v. College of Physicians (2015), 359 N.S.R.(2d) 187 (CA);

    1133 A.P.R. 187

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. MY.014

Dr. Stani Osif (appellant) v. The College of Physicians and Surgeons of Nova Scotia (respondent)

(CA 438700; 2015 NSCA 46)

Indexed As: Osif v. College of Physicians and Surgeons (N.S.)

Nova Scotia Court of Appeal

Beveridge, J.A.

May 12, 2015.

Summary:

The College of Physicians and Surgeons (N.S.) received a complaint about Osif, a hospital emergency room physician. The College investigated the complaint and charges were laid which arose out of the original complaint, an audit, a clinical assessment and the review of the complaint file. A hearing committee found Osif guilty of charges of professional misconduct and professional incompetence and imposed significant directives and restrictions before she would be permitted to return to the practice of medicine as a licenced physician. Osif appealed.

The Nova Scotia Court of Appeal, in a decision reported at 276 N.S.R.(2d) 118; 880 A.P.R. 118, dismissed the appeal. In January 2015, the College applied to enforce the costs decision. MacDougall, J., allowed the application, awarding the College costs of $246,020.55. Osif's missed the deadline to file a notice of appeal. She moved to extend the deadline.

The Nova Scotia Court of Appeal, per Beveridge, J.A., dismissed the motion.

Medicine - Topic 2133

Discipline for professional misconduct - Judicial review (appeals) - Time for - The College of Physicians and Surgeons (N.S.) received a complaint about Osif, a hospital emergency room physician - The College investigated the complaint and charges were laid which arose out of the original complaint, an audit, a clinical assessment and the review of the complaint file - A hearing committee found Osif guilty of charges of professional misconduct and professional incompetence and imposed significant directives and restrictions before she would be permitted to return to the practice of medicine as a licenced physician - Osif appealed - The Court of Appeal dismissed the appeal - In January 2015, the College applied to enforce the costs decision - MacDougall, J., allowed the application, awarding the College costs of $246,020.55 - Osif's missed the deadline to file a notice of appeal - She moved to extend the deadline - The Nova Scotia Court of Appeal, per Beveridge, J.A., dismissed the motion - To grant an extension in these circumstances would not be in the interests of justice - Osif had not identified any arguable issues to be advanced on appeal - It would be an exercise in futility to extend the time to file her proposed appeal since her complaints of error had already been ruled on.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - [See Medicine - Topic 2133 ].

Cases Noticed:

Tibbetts v. Tibbetts (1992), 112 N.S.R.(2d) 173; 307 A.P.R. 173 (C.A.), refd to. [para. 6].

Jollymore Estate, Re (2001), 196 N.S.R.(2d) 177; 613 A.P.R. 177; 2001 NSCA 116, refd to. [para. 7].

Farrell v. Casavant (2010), 294 N.S.R.(2d) 292; 933 A.P.R. 292; 2010 NSCA 71, refd to. [para. 8].

McMullin-Mullin v. Henley (2013), 332 N.S.R.(2d) 130; 1052 A.P.R. 130; 2013 NSCA 85, refd to. [para. 9].

McCully v. Rogers Estate (2013), 326 N.S.R.(2d) 5; 1033 A.P.R. 5; 2013 NSCA 22, refd to. [para. 9].

Forrest v. Forrest (2013), 325 N.S.R.(2d) 393; 1031 A.P.R. 393; 2013 NSCA 15, refd to. [para. 9].

Brooks v. Soto (2013), 324 N.S.R.(2d) 394; 1029 A.P.R. 394; 2013 NSCA 7, refd to. [para. 9].

Self et al. v. Scotia Mortgage Corp., [2014] N.S.R.(2d) Uned. 48; 2014 NSCA 24, refd to. [para. 9].

Wadden et al. v. BMO Nesbitt Burns (2014), 343 N.S.R.(2d) 35; 1084 A.P.R. 35; 2014 NSCA 45, refd to. [para. 9].

Counsel:

Dr. Stani Osif, appellant in person;

Danielle Kershaw, for the respondent.

This motion was heard in Chambers, at Halifax, N.S., on May 7, 2015, by Beveridge, J.A., of the Nova Scotia Court of Appeal, who delivered the following decision on May 12, 2015.