Judicial Review Decisions

  • Colin A. Samson v. The Sisters of Charity of the Immaculate Conception and St. Vincent’s Hospital

    July 2, 1985
    File Numbers:
    Cite: [1985] B.C.J. NO. 2021 Vancouver Registry NoCA002004


    A doctor appealed to the Court of Appeal from the Supreme Court judgment dismissing his application for judicial review of a decision of the Appeal Board refusing to grant him admitting privileges to a hospital.

    The Court of Appeal dismissed the appeal and confirmed that the Appeal Board had jurisdiction, that it did not decide that the appellant was generally incompetent or unfit to practice medicine generally and thereby encroach upon the jurisdiction of the College of Physicians and Surgeons, but rather it decided that he was not to be granted admitting privileges at a particular hospital due to his lack of sound judgment and indecisiveness. The Court also held that the Appeal Board did not err in not admitting certain evidence and that its exclusion did not amount to a miscarriage of justice.  The Court also found that there was no evidence of bias or a reasonable apprehension of bias on the part of the Appeal Board or the investigating doctors.