Mohammed Al-Ghamdi v. College of Physicians and Surgeons of Alberta
(Alberta) (Civil) (By Leave)
Law of professions - Discipline - Law of professions — Discipline — Whether a professional can be tried for disruptive conduct regardless of whether that phrase appears in the governing statute or Rules of Conduct for the profession — Whether a proper credibility assessment of a witness is limited to what is said on the stand, under oath, along with the demeanour of the witness and other classical considerations of credibility.
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Dr. Al Ghamdi is an orthopedic surgeon who was charged with engaging in disruptive conduct amounting to unprofessional misconduct. His skill as a surgeon was never in question. His working relationship with other healthcare staff deteriorated to the point that some other members of the staff refused to work with him. The allegation included 13 particular incidents, but the thrust of the allegation was a pattern of disruptive conduct over an 11 year period between 2003 and 2014. After a 47 day hearing, involving approximately 67 witnesses, the Hearing Tribunal of the College of Physicians and Surgeons of Alberta found that 8 of the 13 particulars had been proven, and that the overall allegation of disruptive conduct was made out. Dr. Al Ghamdi’s licence and practice were suspended for three years, after which time he could apply to have his license and permit reinstated if he had met certain conditions. His appeal to the Council Review Panel of the College of Physicians and Surgeons of Alberta was dismissed as was his subsequent appeal to the Court of Appeal.
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