A member of the College of Physicians and Surgeons of Ontario (the “College”) sought judicial review of the Registrar’s decision to amend a Notice of Hearing after the hearing commenced. The application was dismissed as it was premature since the discipline panel had not been given an opportunity to decide if it would hear the new charges.

Administrative law – Judicial review – Questions of jurisdiction – Amendment of notice of hearing – College of Physicians and Surgeons – Disciplinary proceedings

Henderson v. College of Physicians and Surgeons of Ontario, [2001] O.J. No. 5367, Ontario Superior Court of Justice, October 22, 2001, Then, J.

A discipline panel of the College accepted jurisdiction over a member by virtue of a Notice of Hearing alleging sexual misconduct with a female. After several days of hearing and as a result of the hearing, a second complaint emerged. The Complaints Committee of the College referred the complaint to the Discipline Committee and the Registrar purported to amend the Notice of Hearing which was the basis of the jurisdiction of the discipline panel dealing with the first complaint. The Amended Notice of Hearing included both the allegation of the first complaint as well as particulars of the second complaint. Prior to any adjudication by the discipline panel, the member sought judicial review of the Amended Notice of Hearing arguing that it was a nullity as the Registrar had no statutory authority to amend the Notice. The Court held that the member’s application for Judicial Review was premature as the discipline panel had not been given an opportunity to exercise its jurisdiction to determine whether it would proceed on the Amended Notice of Hearing. The application was dismissed.

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