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Professionals - Remedial

. Gill v. Health Professions Appeal and Review Board

In Gill v. Health Professions Appeal and Review Board (Div Court, 2024) the Divisional Court dismissed two JRs challenging CPSO cautionary decisions regarding a doctor's social media COVID comments.

Here the court characterizes professional 'cautions' as remedial, as opposed to punitive:
[87] In Mirza, the Law Society found that a number of students had cheated on their online licensing examinations. After receiving written submissions, but without a hearing, it voided their examinations. This was found to be reasonable by the Court. In addition, the Law Society voided their registration and circulated their decision to all the regulators across the country. The Court found these sanctions substantially impacted the students to the point of being punitive and that it was a denial of procedural fairness to impose that level of sanction without holding a hearing. The Mirza decision has no application to the case at bar since, as found earlier in these reasons, the sanction imposed was not punitive, but remedial.

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Last modified: 19-05-24
By: admin