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Administrative ruling may be ruled procedurally unfair

In Stelmaschuk v. The College of Dental Surgeons of B.C., 2011 BCSC 518 a disciplinary inquiry committee under the Health Professions Act, RSBC, 1996 c. 183 considered an examination for discovery transcript from an action in which the dentist under review had been sued. The transcript had been provided to the committee by Mr. Sabo, the plaintiff in that earlier proceeding, contrary to the implied undertaking Mr. Sabo was under, and contrary to the confidentiality agreement Mr. Sabo had signed (para. 19). The court held that reliance on the discovery transcript was improper and this apparently contributed to the finding that the administrative hearing was procedurally unfair:
 
I agree with the petitioner that the Court should not implicitly approve the manner in which the College received the material in breach of the implied undertaking, not to mention the confidentiality agreement signed by Mr. Sabo.  The Committee should not have considered the discovery and the report (to the extent it is based on the discovery) without obtaining such an order.
In the result, I find that the requirements of procedural fairness were breached in this case and the petitioner is entitled to a remedy under s. 40(9) of the Act.
 
(Stelmaschuk v. The College of Dental Surgeons of B.C., 2011 BCSC 518 at para. 48 and 50).
 

 

 
This book was written by Michael Dew, a Vancouver lawyer who practices civil litigation, including representing claimants in motor vehicle accident claims, persons who have been denied insurance coverage by insurance companies, and persons dealing with builders lien issues.