Clancy Catelin Presents Update on the Rejection of Joint Submissions at OBA Health Law Session

On November 17, Clancy Catelin presented an update regarding the rejection of joint submissions by the College of Physicians and Surgeons of Ontario Discipline Committee (“Committee”).

In Sammy Vaidyanathan v. College of Physicians and Surgeons of Ontario, 2021 ONSC 5959 (CanLII), the Divisional Court dismissed an appeal by Dr. Vaidyanathan brought partly on the grounds that the Committee had erred in departing from the penalty proposed in the parties’ joint submissions. The Committee was found to have properly applied the principles set out in R. v. Anthony-Cook, 2016 SCC 43 (CanLII) and to have arrived at their decision through a procedurally fair process.

This decision joins another rare example of the rejection of joint submissions by the Committee in the College of Physicians and Surgeons of Ontario v. Young, 2021 ONCPSD 12 (CanLII), which Rosen Sunshine LLP covered in a blog post earlier this year. The OBA Health Law Section’s monthly series “Keeping Up with Health Law” is designed to help members stay current in a convenient and easy format. Every third Wednesday, from 8:30 am to 9:00 am, two Health Law Section members present on significant cases and legislative updates.

This monthly series is offered free of charge for OBA Health Law Section members. To attend (or present), please register with Terrine Bird at tbird@oba.org.