Yuz, Re, (1986) 17 O.A.C. 228 (CA)

• Judge: Brooke, Dubin and Tarnopolsky, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: April 15, 1986
• Jurisdiction: Ontario
• Citations: (1986), 17 O.A.C. 228 (CA)

Yuz, Re (1986), 17 O.A.C. 228 (CA)

MLB headnote and full text

In The Matter Of the Judicial Review Procedures Act, R.S.O. 1980, Chapter 224;

And In The Matter Of the Health Disciplines Act, R.S.O. 1980, Chapter 196;

And In The Matter Of the Review or Investigation of the Health Disciplines Board upon the complaint of Judy Yuz with respect to the decision of the Complaints Committee of the College of Physicians and Surgeons of Ontario with regard to the death of Steven Michael Yuz;

And In The Matter Of Dr. Bernard Laski, Dr. Lionel J. Weinstein, Dr. Klaus Karl Minde, Dr. Robert P. Carr, Dr. Joseph J. Porepa, Dr. Sheldon Arthur Wise, Dr. Deborah McCurdy, Dr. Ronald M. Grant, Dr. Daisy R. Pavri and Dr. Allan Studniberg.

Indexed As: Yuz, Re

Ontario Court of Appeal

Brooke, Dubin and Tarnopolsky, JJ.A.

October 28, 1986.

Summary:

A complaint was made against several doctors and was filed with the College of Physicians and Surgeons of Ontario. The Complaints Committee of the College decided not to refer the complaint to its Discipline Committee. Judy Yuz appealed to the Health Disciplines Board. The Health Disciplines Board directed that the hearing of the appeal be held in public rather than in private. The doctors involved applied to the Ontario Divisional Court for review of the decision of the Health Disciplines Board to conduct a public hearing.

The Ontario Divisional Court dismissed the application and held that the Board had a discretion to conduct a hearing in public or in private - See 6 O.A.C. 46. The doctors appealed.

The Ontario Court of Appeal dismissed the appeal.

Administrative Law - Topic 529

The hearing - Conduct of the hearing - Discretion to conduct hearing in public or in private - The Ontario Court of Appeal affirmed that the Health Disciplines Board, when conducting a review of a decision of the Complaints Committee of the College of Physicians and Surgeons, had a discretion to conduct the review in public or in private - See paragraphs 23 to 28.

Medicine - Topic 2083

Discipline - Statutory appeals - Powers of appeal tribunal - The Ontario Court of Appeal discussed the scope of the powers of the Health Disciplines Board when the Board reviews a decision of the Complaints Committee of the College of Physicians and Surgeons - See paragraph 24.

Cases Noticed:

Stumbillich et al. and the Health Disciplines Board, Re (1984), 6 O.A.C. 51; 47 O.R.(2d) 545, refd to. [para. 22].

Statutes Noticed:

Health Disciplines Act, R.S.O. 1980, c. 196, sect. 82 [para. 18].

Counsel:

L.T. Forbes, Q.C., R. Steincke, and R.G. Chapman, for the appellants;

Julian Porter, for the College of Physicians and Surgeons;

D.J.M. Brown and B.M. Rogers, for the respondent, Toronto Star;

T. Kerzner, Q.C., and T. Tremayne-Lloyd, for the respondent, Health Disciplines Board.

This appeal was heard by Brooke, Dubin and Tarnopolsky, JJ.A., of the Ontario Court of Appeal on April 15, 1986. The decision of the Court of Appeal was delivered by Brooke, J.A., and was released on October 28, 1986.