A recent case in Ontario, in which leave to appeal was denied by the Supreme Court of Canada, is a reminder of the risks that professional disciplinary bodies may face in prosecuting alleged misconduct.
In Walia v. College of Veterinarians of Ontario, 2021 ONSC 4023, a complaint against a veterinarian, Dr. Walia, was referred to a Discipline Committee of the College of Veterinarians of Ontario (the Discipline Committee). The Discipline Committee found that Dr. Walia had engaged in professional misconduct, suspended Dr. Walia's veterinary license for three months, and ordered him to pay CA$135,000 in costs. Dr. Walia appealed the decision of the Discipline Committee to the Ontario Divisional Court, which dismissed his appeal. Dr. Walia subsequently sought leave to appeal from both the Ontario Court of Appeal and the Supreme Court of Canada. Both courts dismissed Dr. Walia's applications.
The decision of the Ontario Divisional Court dismissing Dr. Walia's appeal may be of interest because Dr. Walia accused the College of Veterinarians of Ontario (the College) of pursuing a false allegation that he failed to properly label an X-ray. The College ultimately withdrew the allegation after receiving clearer copies of the X-rays showing proper labeling prior to the hearing.
Although Dr. Walia's motion was dismissed before the Discipline Committee and that decision was upheld by the Ontario Divisional Court, the allegation serves as a reminder that regulatory...
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