The Professional Tribunal overturns the provisional suspension of a doctor

    Climan v. Médecins (Ordre professionnel des), 2024 QCTP 5 (CanLII)

• Context of the Appeal: The appellant, a medical specialist, contests a decision by the Disciplinary Council ordering his immediate provisional suspension for inappropriate remarks and non-compliance with exercise limitations.
• Decision of the Tribunal: The Professional Tribunal welcomes the appeal, cancels the provisional suspension, and orders the respondent to pay costs, with a dissenting opinion from Judge Veilleux.
• Analysis of Errors: Judge Vanchestein identifies manifest errors in the Council’s analysis, particularly regarding the evaluation of evidence and the relevance of expert testimony.
• Evaluation of Public Protection: The Tribunal concludes that the Council did not correctly evaluate whether the public protection required the provisional suspension of the appellant. It emphasizes the importance of an objective and concrete risk analysis.
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