Reddoch v. Medical Council (Yukon), 2001 YKCA 13
Judge | Southin, Ryan and Braidwood, JJ.A. |
Court | Court of Appeal (Yukon Territory) |
Case Date | December 11, 2001 |
Jurisdiction | Yukon |
Citations | 2001 YKCA 13;(2001), 161 B.C.A.C. 131 (YukCA) |
Reddoch v. Medical Council (2001), 161 B.C.A.C. 131 (YukCA);
263 W.A.C. 131
MLB headnote and full text
Temp. Cite: [2001] B.C.A.C. TBEd. DE.035
Allon Reddoch (appellant/appellant) v. The Yukon Medical Council (respondent/respondent)
(YU00418; 2001 YKCA 13)
Indexed As: Reddoch v. Medical Council (Yukon)
Yukon Court of Appeal
Whitehorse
Southin, Ryan and Braidwood, JJ.A.
December 11, 2001.
Summary:
A family physician was found guilty of unprofessional conduct by the Yukon Medical Council, respecting his care and treatment of a 16 year old patient who died of botulism. He appealed.
The Yukon Supreme Court dismissed the appeal. The physician appealed.
The Yukon Court of Appeal allowed the appeal.
Medicine - Topic 2024
Discipline for professional misconduct - Conduct unbecoming a member - What constitutes - A 16 year old patient was admitted to hospital on a weekend by an on-call doctor - Her family physician assumed her care upon his return on Monday - The patient died some days later from botulism - The Yukon Court of Appeal held that her family physician's failure to exercise reasonable skill in the management of this patient, whom neither he nor three other doctors perceived to be gravely ill, did not constitute "unprofessional conduct" within the Medical Profession Act (Yukon) - The court held that when the issue was one of a failure of reasonable care, to constitute unprofessional conduct, some quality of blatancy was required, some cavalier disregard for the patient and the patient's well-being - See paragraphs 56 to 61.
Medicine - Topic 2082
Discipline for professional misconduct - Statutory appeals - Scope of - The Yukon Court of Appeal discussed the scope of an appeal from the disciplinary findings of a Medical Council - See paragraphs 44 to 49.
Cases Noticed:
Faryna v. Chorny, [1952] 2 D.L.R. 354 (B.C.C.A.), refd to. [para. 28].
R. v. Araujo (A.) et al., [2000] 2 S.C.R. 992; 262 N.R. 346; 143 B.C.A.C. 257; 235 W.A.C. 257, refd to. [para. 42].
Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 45].
Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 45].
Pearlman v. Manitoba Law Society Judicial Committee, [1991] 2 S.C.R. 869; 130 N.R. 121; 75 Man.R.(2d) 81; 6 W.A.C. 81, refd to. [para. 45].
Jory v. College of Physicians and Surgeons (B.C.), [1985] B.C.J. No. 320 (S.C.), refd to. [para. 45].
A.B. v. College of Physicians and Surgeons (B.C.) (1994), 43 B.C.A.C. 173; 69 W.A.C. 173 (C.A.), refd to. [para. 48].
de la Giroday et al. v. Brough (1997), 92 B.C.A.C. 81; 150 W.A.C. 81; 33 B.C.L.R.(3d) 171 (C.A.), refd to. [para. 58].
Authors and Works Noticed:
American Centers for Disease Control and Prevention in Atlanta, Georgia, Bulletin on botulism, http://www.cdc.gov/-ncidod/dbmd/diseaseinfo/botulism_g.htm, generally [para. 9].
Journal of the American Medical Association, Article on botulism (February 28, 2001), vol. 285, No. 8, p. 1065 [para. 9].
Counsel:
Stephen R. Schachter and Kevin D. Loo, for the appellant;
David Martin, for the respondent.
This appeal was heard on November 15, 2001, at Vancouver, British Columbia, before Southin, Ryan and Braidwood, JJ.A., of the Yukon Court of Appeal.
The decision of the Court of Appeal was delivered by Southin, J.A., on December 11, 2001.
To continue reading
Request your trial-
Moll v. College of Alberta Psychologists, 2011 ABCA 110
...(Rural Municipality), [1985] 2 S.C.R. 164; 61 N.R. 321; 36 Man.R.(2d) 215, refd to. [para. 202]. Reddoch v. Medical Council (Yukon) (2001), 161 B.C.A.C. 131; 263 W.A.C. 131; 2001 YKCA 13, refd to. [para. Acupuncture Committee v. Wanglin (2009), 454 A.R. 152; 455 W.A.C. 152; 2009 ABCA 166, r......
-
HOSSEINI v. THE COLLEGE OF DENTAL SURGEONS OF SASKATCHEWAN,
...13, 2006) or some quality of blatant disregard for the patient or the patient’s well-being (Reddoch v. Yukon Medical Council, [2001] 161 BCAC 131). [105] Indeed the very definition of “unfit member” in the Medical Act makes it abundantly cl......
-
Swart v. College of Physicians and Surgeons (P.E.I.), (2014) 361 Nfld. & P.E.I.R. 5 (PEICA)
...of Physicians and Surgeons (Ont.) (1993), 63 O.A.C. 141 (Div. Ct.), refd to. [para. 98]. Reddoch v. Medical Council (Yukon) (2001), 161 B.C.A.C. 131; 263 W.A.C. 131 (Yuk. C.A.), refd to. [para. Adamo v. College of Physicians and Surgeons (Ont.) (2007), 223 O.A.C. 175 (Div. Ct.), refd ......
-
Salway v. Association of Professional Engineers and Geoscientists (B.C.), 2010 BCCA 94
...Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 12]. Reddoch v. Medical Council (Yukon) (2001), 161 B.C.A.C. 131; 263 W.A.C. 131; 2001 YKCA 13, refd to. [para. 12]. Weyerhaeuser Co. v. Assessor of Area No. 04 - Nanaimo Cowichan (2010), 283 B.C.A.C. ......
-
Moll v. College of Alberta Psychologists, 2011 ABCA 110
...(Rural Municipality), [1985] 2 S.C.R. 164; 61 N.R. 321; 36 Man.R.(2d) 215, refd to. [para. 202]. Reddoch v. Medical Council (Yukon) (2001), 161 B.C.A.C. 131; 263 W.A.C. 131; 2001 YKCA 13, refd to. [para. Acupuncture Committee v. Wanglin (2009), 454 A.R. 152; 455 W.A.C. 152; 2009 ABCA 166, r......
-
HOSSEINI v. THE COLLEGE OF DENTAL SURGEONS OF SASKATCHEWAN,
...13, 2006) or some quality of blatant disregard for the patient or the patient’s well-being (Reddoch v. Yukon Medical Council, [2001] 161 BCAC 131). [105] Indeed the very definition of “unfit member” in the Medical Act makes it abundantly cl......
-
Swart v. College of Physicians and Surgeons (P.E.I.), (2014) 361 Nfld. & P.E.I.R. 5 (PEICA)
...of Physicians and Surgeons (Ont.) (1993), 63 O.A.C. 141 (Div. Ct.), refd to. [para. 98]. Reddoch v. Medical Council (Yukon) (2001), 161 B.C.A.C. 131; 263 W.A.C. 131 (Yuk. C.A.), refd to. [para. Adamo v. College of Physicians and Surgeons (Ont.) (2007), 223 O.A.C. 175 (Div. Ct.), refd ......
-
Salway v. Association of Professional Engineers and Geoscientists (B.C.), 2010 BCCA 94
...Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 12]. Reddoch v. Medical Council (Yukon) (2001), 161 B.C.A.C. 131; 263 W.A.C. 131; 2001 YKCA 13, refd to. [para. 12]. Weyerhaeuser Co. v. Assessor of Area No. 04 - Nanaimo Cowichan (2010), 283 B.C.A.C. ......