Piros v. Newfoundland Dental Board, (1993) 113 Nfld. & P.E.I.R. 266 (NFTD)

• Judge: Roberts, J.
• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: November 05, 1993
• Jurisdiction: Newfoundland and Labrador
• Citations: (1993), 113 Nfld. & P.E.I.R. 266 (NFTD)

Piros v. Nfld. Dental Bd. (1993), 113 Nfld. & P.E.I.R. 266 (NFTD);

    353 A.P.R. 266

MLB headnote and full text

Dr. Gabor Piros (appellant) v. The Newfoundland Dental Board (respondent)

(1993 No. C.B. 689)

Indexed As: Piros v. Newfoundland Dental Board

Newfoundland Supreme Court

Trial Division

Roberts, J.

November 5, 1993.

Summary:

A dentist appealed a decision of the Newfoundland Dental Board. He applied for directions Under Supreme Court Rule 38.01(1)(d) as to the procedure to govern his appeal.

The Newfoundland Supreme Court, Trial Division, set out the proper procedure to govern an appeal under the Dental Act.

Medicine - Topic 7244

Dentists - Discipline - Judicial review - A dentist applied for an interpretation of s. 27 of the Dental Act - The dentist claimed that the appeal under the Act was by way of a trial de novo - The Dental Board claimed that the appeal was on the record - The Newfoundland Supreme Court, Trial Division, held that the appeal was to start with the transcript of the original hearing, but the judge hearing the appeal would not be precluded from allowing further evidence to be called to the extent that there were fact issues unresolved.

Words and Phrases

Rehearing - The Newfoundland Supreme Court, Trial Division, discussed the meaning of "rehearing" in rule 57.03(2) of the Rules of Court (Nfld.), Supreme Court Rules - See paragraphs 5 to 9.

Cases Noticed:

Mercantile Bank and Trust Co. v. Credit Europeen S.A. (1981), 36 N.B.R.(2d) 339; 94 A.P.R. 339 (C.A.), refd to. [para. 8].

Basu v. College of Physicians and Surgeons (Sask.)(No. 2) (1985), 46 Sask.R. 82 (Q.B.), refd to. [para. 12].

Green v. College of Physicians and Surgeons (Sask.) (1986), 51 Sask.R. 241 (C.A.), refd to. [para. 12].

Lamb v. Canadian Reserve Oil & Gas Ltd., [1976] 4 W.W.R. 79; 8 N.R. 613 (S.C.C.), refd to. [para. 14].

Dudley v. Alberta Chiropractic Association (1977), 6 A.R. 66; 2 Alta. L.R.(2d) 384 (Dist. Ct.), refd to. [para. 15].

Statutes Noticed:

Chiropractic Profession Act, R.S.A. 1970, c. 46, sect. 8(3), sect. 8(4) [para. 15].

Dental Act, R.S.N. 1990, c. D-6, sect. 27(1) [para. 2]; sect. 27(4) [para. 3]; sect. 27(5) [para. 4].

Medical Profession Act, S.S. 1980-81, c. M-10.1, sect. 64(1), sect. 64(2) [para. 13].

Rules of Court (Nfld.), Supreme Court Rules, rule 57.02(1) [para. 7]; rule 57.03(2) [para. 5].

Authors and Works Noticed:

Driedger, E.A., Construction of Statutes (2nd Ed. 1983), p. 87 [para. 10].

Counsel:

Michael J. Monaghan, Q.C., for the appellant;

Augustine F. Bruce, for the respondent.

This application was heard by Roberts, J., of the Newfoundland Supreme Court, Trial Division, who delivered the following decision on November 5, 1993.