Case information

Charter of rights — Fundamental justice — Law of professions — Discipline — Administrative law — Boards and tribunals — Regulatory boards — Procedure — Natural justice — Applicant found guilty of professional misconduct by disciplinary committee of provincial regulatory body — Superior Court upholding finding of misconduct and penalty imposed — Court of Appeal denying leave to appeal — Whether regulatory body failed to achieve objective and impartial decision with adequate evidential support — Whether regulatory body displayed conflict of interest and bias — Whether applicant was denied natural justice and procedural fairness.

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.

The respondent, the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario, made a finding of professional misconduct against the applicant, Nathalie Xian Yi Yan. Ms. an then filed an appeal of the professional misconduct finding and of the penalty imposed. The Divisional Court of the Ontario Superior Court of Justice dismissed Ms. Yan’s appeal. The Court of Appeal dismissed Ms. Yan’s request for leave to appeal the Divisional Court decision.