Summary

Keywords

Administrative law — Appeals — Boards and tribunals — Manitoba Veterinary Medical Association Inquiry Panel — Vet found guilty of complaints brought by client — Court of Appeal upholding inquiry panel’s decision on conduct and sanctions — Should Vavilov “reasons-first” analysis be applied when reviewing statutory appeals according to standard of palpable and overriding error — What standard should be applied to adjudicate professional misconduct matters.

Summary

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This case arises from the applicant vet’s treatment of the complainant’s dog for skin and ear infections and how the applicant dealt with the billing for his services.

The inquiry panel of the Manitoba Veterinary Medical Association found the applicant was guilty as charged except for the general charge for professional misconduct, as well as the general charge for lack of knowledge, skill or judgment and the incompetence charge.

The sanction decision required the applicant to complete 32 hours of continuing education on veterinary medicine, practice under the direct supervision of another veterinarian for two years, be subject to random practice audits, reimburse the complainant $321.36, pay a fine of $2,000 and pay costs of $50,000.

The Court of Appeal dismissed the appeal subject to the supervision provision being clarified.

Lower Court Rulings