Hearing & Investigation Committee Decisions

The Hearing to consider the matters raised in the July 31, 2024 Notice of Hearing regarding Dr. Manivasan Moodley that commenced on August 12, 2024 and continued until August 21, 2024, will resume on November 20 and 21, 2024.   

The Hearing Panel has issued an exclusion order which prevents members of the public from attending the Hearing.

Media are permitted to attend and may report details of the Hearing after confirmation from the panel that the information does not violate the publication ban previously ordered.

Any media who plan to attend the Hearing may do so only in person, and through advance notice to the College by emailing communications@cpsns.ns.ca. Notice of attendance must be provided no later than noon on Monday, November 18, 2024.

For media attending the Hearing in person:

1. Subject to the publication ban, the media may take video footage or photographs on the College’s premises before evidence is called. No video images or photography may be taken while evidence is being presented.
2. Audio recording by the media is permitted for note-taking purposes, but not for broadcast purposes.
3. In order to preserve the publication ban, no live transmission of the evidence is permitted, through live tweeting, blogging or other simultaneous source of reporting. Media are otherwise permitted to report information about the Hearing, but only after the parties have had the opportunity to consider whether evidence that has been given may be subject to the publication ban. During the mid-morning and mid-afternoon breaks, and prior to the lunch break and at the end of the day, the Hearing Panel will canvass the parties to determine if there is evidence that may be subject to the publication ban and will provide direction to the media in this regard prior to the media reporting on the preceding evidence. Social media accounts will be monitored and any violations will be reported to the Chair of the Hearing Panel for further action.

Media attending the Hearing will be required to sign in and acknowledge agreement with these directions.

Inquiries about the Hearing should be directed to: publicinquiries@cpsns.ns.ca

The Hearing Panel in the matter regarding Dr. Manivasan Moodley has issued an exclusion order which prevents members of the public from attending the Hearing which began today, August 12, 2024.    

Media are permitted to attend and may report details of the Hearing after confirmation from the panel that the information does not violate the publication ban previously ordered.

Further to the Notice published below on August 1, 2024, the College of Physicians and Surgeons of Nova Scotia will conduct a hearing to consider allegations of professional misconduct and/or incompetence regarding Dr. Manivasan Moodley, respecting three patients.

The Notice of Hearing is found here.

The hearing will be held at the offices of the College of Physicians and Surgeons of Nova Scotia, Suite 400, 175 Western Parkway, Bedford, Nova Scotia, B4B 0V1, commencing on Monday August 12 at 9:30 am and continuing thereafter commencing at 9:00 am  on August 13, 14, 15, 20, 21, 22 and 26, and thereafter as needed.

The Hearing Panel previously issued a publication ban respecting the identities of the patients. No person is permitted to publish or disclose the names of the patients or any information  that could identify them.

RULES FOR ATTENDANCE

Any persons, whether members of the public or the media, who plan to attend the hearing may do so only in person, and through advance notice to the College by emailing communications@cpsns.ns.ca. Notice of attendance must be provided no later than noon on August 9.

For those attending the hearing in person:

1. Subject to the publication ban, the media may take video footage or photographs on the College’s premises before evidence is called.  No video images or photography may be taken while evidence is being presented.
2. Audio recording by the media is permitted for note-taking purposes, but not for broadcast purposes.
3. In order to preserve the publication ban, no live transmission of the evidence is permitted, through live tweeting, blogging or other simultaneous source of reporting.  Media are otherwise permitted to report information about the hearing, but only after the parties have had the opportunity to consider whether evidence that has been given may be subject to the publication ban.  During the mid-morning and mid-afternoon breaks, and prior to the lunch break and at the end of the day, the Hearing Panel will canvass the parties to determine if there is evidence that may be subject to the publication ban and will provide direction to the media in this regard prior to the media reporting on the preceding evidence. Social media accounts will be monitored and any violations will be reported to the Chair of the Hearing Panel for further action.

Those attending the hearing will be required to sign in and acknowledge agreement with these directions.

Inquiries about the hearing should be directed to: publicinquiries@cpsns.ns.ca

Pursuant to the Medical Act, S.N.S. 2011, c. 38 the College of Physicians and Surgeons of Nova Scotia will conduct a hearing to consider allegations of professional misconduct and/or incompetence regarding Dr. Manivasan Moodley, respecting three patients.  The Notice of Hearing detailing the allegations will be published on the College’s website on or before August 8, 2024.

The hearing will be held at the offices of the College of Physicians and Surgeons of Nova Scotia Suite 400, 175 Western Parkway, Bedford, Nova Scotia, B4B 0V1, commencing on Monday August 12 at 9:30 am and continuing thereafter on August 13, 14, 15, 20,21, 22 and 26 as needed.

The Hearing Panel previously issued a publication ban prohibiting the publication or disclosure of the patients’ names or any information that could identify them.

RULES FOR ATTENDANCE

Any persons, whether members of the public or the media, who plan to attend the hearing may do so only in person, and through advance notice to the College by emailing communications@cpsns.ns.ca. Notice of attendance must be provided no later than noon on August 9.

For those attending the hearing in person:

1. Subject to the publication ban, the media may take video footage or photographs on the College’s premises before evidence is called.  No video images or photography may be taken while evidence is being presented.

2. Audio recording by the media is permitted for note-taking purposes, but not for broadcast purposes.

3. In order to preserve the publication ban, no live transmission of the evidence is permitted, through live tweeting, blogging or other simultaneous source of reporting.  Media are otherwise permitted to report information about the hearing, but only after the parties have had the opportunity to consider whether evidence that has been given may be subject to the publication ban.  During the mid-morning and mid-afternoon breaks, and prior to the lunch break and at the end of the day, the Hearing Panel will canvass the parties to determine if there is evidence that may be subject to the publication ban and will provide direction to the media in this regard prior to the media reporting on the preceding evidence. Social media accounts will be monitored and any violations will be reported to the Chair of the Hearing Panel for further action.

Those attending the hearing will be required to sign in and acknowledge agreement with these directions.

Inquiries about the hearing should be directed to: publicinquiries@cpsns.ns.ca

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.