Hove v The College of Physicians and Surgeons (PEI)

canada, canadian, case law, court opinion, canlii, pescad, 2026peca3, 2026 peca 3 (canlii), 2026, peca, 3, (canlii), s1-ca-1523, 2026, procedure, practice on appeal, staying of proceedings pending appeal, r.j.r., macdonald inc. v. canada (attorney general), whether a stay should issue against interim orders restricting a doctor’s practice, serious question and irreparable harm accepted, balance of convenience reconsidered on appeal, appeal allowed, stay granted, procedure, mootness, expired interim order, borowski v. canada (attorney general), whether the initial interim order, valid for a short duration, was moot, recurring 90, day orders described as evasive of review, discretion to depart from mootness engaged, motions judge error of law, mootness finding set aside, procedure, staying of proceedings, balance of convenience, whether the motions judge erred by “erring on the side of public safety”, limited engagement with evidence supporting risk to public safety, contextual analysis of live factors required, balance of convenience found to favour the doctor, stay granted pending determination of appeal, administrative law, professional regulation, interim orders, regulated health professions act, s. 53(1), whether council must have reasonable grounds of “demonstrable risk of serious and imminent harm”, statutory requirement described as incumbent on the motions judge to engage, “concerns” contrasted with statutory threshold, error of law found, procedure, stay of proceedings, investigation committee, whether to stay further steps arising from complaints, including further assessments, ground of appeal not referred to until requested by the court, motions judge found to have made no legal error on this issue, request for stay against investigation summarily dismissed, claim dismissed