Case information
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39308
Mohammed Al-Ghamdi v. College of Physicians and Surgeons of Alberta
(Alberta) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-12-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-12-24 | Judgment on leave sent to the parties | |
| 2020-12-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Alberta (Edmonton), Number 1803-0356-AC, 2020 ABCA 71, dated February 19, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2020-11-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-10-05 | Certificate (on limitations to public access), (Letter Form) | College of Physicians and Surgeons of Alberta |
| 2020-10-05 | Notice of name, (Letter Form) | College of Physicians and Surgeons of Alberta |
| 2020-10-05 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-05 | College of Physicians and Surgeons of Alberta |
| 2020-09-03 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 09/03/20 | |
| 2020-04-14 | Book of authorities, (Book Form), Completed on: 2020-04-14 | Mohammed Al-Ghamdi |
| 2020-04-14 | Application for leave to appeal, (Book Form), (2 volumes), Missing: CA Order, Public Access to Information Form, Completed on: 2020-11-20 | Mohammed Al-Ghamdi |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Al-Ghamdi, Mohammed | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| College of Physicians and Surgeons of Alberta | Respondent | Active |
Counsel
Party: Al-Ghamdi, Mohammed
This party is not represented by counsel.
Party: College of Physicians and Surgeons of Alberta
Counsel
Bell Tower
2250-10104 103 Ave. N. W.
Edmonton, Alberta
T5J 0H8
Telephone: (780) 702-4279
FAX: (780) 423-0163
Email: craig@shoresjardine.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
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.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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.
Lower court rulings
Council Review Panel of the College of Physicians & Surgeons Alberta
Appeal dismissed
Court of Appeal of Alberta (Edmonton)
1803-0356-AC, 2020 ABCA 71
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available