On March 3, 2023 the Hearing Committee of the College rendered a decision respecting a procedural challenge brought by Dr. Manivasan Moodley respecting the hearing of three complaints filed against him.
The College’s Investigation Committee had previously referred matters arising from three separate patient complaints to a formal hearing. The Registrar issued a Notice of Hearing to have the three complaints heard in one hearing process. The specific allegations in the Notice of Hearing were formulated differently from the referral language used by the Investigation Committee.
Dr. Moodley brought a motion before the Hearing Committee alleging the Registrar did not have jurisdiction to refer three matters to be heard together, or to frame the allegations in different words from those used by the Investigation Committee in its referral decisions. In the alternative, he argued the three complaints should be severed (i.e., there should be three separate hearings before three separate Committees).
The Hearing Committee ruled the Registrar had the authority to refer the three complaints to be heard in one hearing, and also had the authority to formulate the allegations in the Notice of Hearing in language different from that specifically used in the Investigation Committee’s referral decisions. The Committee further ruled that the legal test for severance had not been met.
Read the decision of the Hearing Committee.
Dr. Moodley appealed this decision of the Hearing Committee to the Nova Scotia Court of Appeal.
In a decision rendered on October 12, 2023 the Court of Appeal confirmed the Registrar had the authority to issue the Notice of Hearing in the manner he did. The Court further confirmed the Hearing Committee had the authority to hear the three separately referred matters in one consolidated hearing.
Read the decision of the Court of Appeal.
The College will post notice of the hearing dates for the hearing of these matters when the dates are finalized.