Case information
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40234
Khawar Hanif v. College of Veterinarians of Ontario
(Ontario) (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) |
|---|---|---|
| 2023-04-11 | Close file on Leave | |
| 2023-04-11 | Correspondence (sent by the Court) to, both parties, Re: certificate of taxation | |
| 2023-04-04 | Certificate of taxation issued to, Bernard C. LeBlanc | |
| 2023-04-04 | Decision on the bill of costs, in the amount of $1,473.74, Reg | |
| 2023-04-04 | Submission of the bill of costs, Reg | |
| 2023-02-24 | Bill of costs, (Letter Form), Completed on: 2023-04-03, (Printed version filed on 2023-02-24) | College of Veterinarians of Ontario |
| 2023-02-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-02-09 | Judgment on leave sent to the parties | |
| 2023-02-09 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the reply is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number M52315, dated January 31, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-09 |
Decision on motion to extend time, See decision on the application Granted |
|
| 2022-12-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-19 | Submission of motion to extend time, for consideration by the Court | |
| 2022-09-26 | Motion to extend time, (Book Form), Completed on: 2022-12-15, (Printed version due on 2022-10-04) | Khawar Hanif |
| 2022-09-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-10-04, (Printed version due on 2022-10-04) | Khawar Hanif |
| 2022-08-18 | Notice of name, (Letter Form), (Printed version due on 2022-08-25) | College of Veterinarians of Ontario |
| 2022-08-18 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2022-08-25) | College of Veterinarians of Ontario |
| 2022-08-18 | Respondent's response on the application for leave to appeal, (Book Form), (2 volumes), Completed on: 2022-08-25, (Printed version filed on 2022-08-25) | College of Veterinarians of Ontario |
| 2022-06-28 | Certificate (on limitations to public access), 23A | Khawar Hanif |
| 2022-06-22 | Letter advising parties of a complete application for leave to appeal, FILE OPENED 06/22/22 | |
| 2022-05-26 | Supplemental document, (Letter Form), Correspondence dated April 1, 2022, (Printed version due on 2022-06-02) | Khawar Hanif |
| 2022-05-26 | Supplemental document, (Letter Form), Document entitled "Dr. Kozuch Statements", (Printed version due on 2022-06-02) | Khawar Hanif |
| 2022-03-21 |
Application for leave to appeal, (Book Form), Missing: -Signed copy of the TC Reasons (rec'd 2022-06-28) -Public Access to Information Form (rec'd 2022-06-28) -Proof of Service pursuant to Rule 20(8)(d) of the Rules of the Supreme Court of Canada (rec'd 2022-06-28) -TC Order (rec' 05/10/22) -CA Order (rec' 05/26/22), Completed on: 2022-07-04, (Printed version due on 2022-03-28) |
Khawar Hanif |
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 |
|---|---|---|
| Hanif, Khawar | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| College of Veterinarians of Ontario | Respondent | Active |
Counsel
Party: Hanif, Khawar
This party is not represented by counsel.
Party: College of Veterinarians of Ontario
Counsel
401 Bay Street,
Suite 2308
Toronto, Ontario
M5H 2Y4
Telephone: (416) 599-2200
FAX: (416) 593-7867
Email: bleblanc@sml-law.com
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: tslade@supremeadvocacy.ca
Summary
Keywords
Charter of Rights — Presumption of innocence — Law of professions — Professional liability — Administrative law — Boards and tribunals — Discipline Committee of the College of Veterinarians of Ontario — Applicant found guilty for acts of professional misconduct by Discipline Committee — Whether s. 11(d) of Charter was violated by regulator — Whether the College's entire complaints and discipline process reflects abuse of power — Whether decisions of Complaints Committee and Executive Committee were patently unreasonable and subsequent proceedings null and void — Whether prosecuting attorney abused his position to influence the outcome of the committees and the courts
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.
In 2006, the applicant, Dr. Hanif, was charged with two counts of professional misconduct with respect to his treatment of two household pets. After a hearing, he was found guilty of one count of professional misconduct. The College of Veterinarians of Ontario (“College”) appealed Dr. Hanif’s acquittals to Divisional Court. That court remitted the matter back to the Disciplinary Committee for re-hearing because the original reasons were inadequate. The new hearing took place before a differently constituted Committee. This time Dr. Hanif was found guilty of professional misconduct in both matters. A penalty and costs hearing took place and Dr. Hanif’s licence to practice was suspended for a period of four months and he was ordered to pay the College’s costs.
Dr. Hanif appealed this decision to the Divisional Court, which set aside the findings of professional misconduct with respect to one matter and ordered that the issues of penalty and costs be reconsidered by the Discipline Committee. Dr. Hanif’s application for leave to appeal the second matter was dismissed, as was his application for leave to appeal to the Supreme Court of Canada. On the first matter, the Disciplinary Committee dismissed Dr. Hanif’s procedural motions and suspended his licence to practice for a period of one month and he was ordered to pay costs. Dr. Hanif appealed from that decision. Dr. Hanif’s appeal from the penalty and costs award was dismissed by the Divisional Court. Dr. Hanif’s application for leave to appeal to the Court of Appeal was dismissed.
Lower court rulings
Ontario Superior Court of Justice
2021 ONSC 1819, 70/19
Applicant’s appeal from penalty and costs order of Discipline Committee of College of Veterinarians of Ontario dismissed
Court of Appeal for Ontario
M52315
Applicant’s application for leave to appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
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
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available