What is the evidentiary test required for an interim order to suspend or impose limits on practice?
British Columbia, Canada
The following excerpt is from Scott v. College of Massage Therapists of British Columbia, 2016 BCCA 180 (CanLII):
The judge reviewed the jurisprudence and found that the evidentiary requirements for exercising s. 35 interim powers to suspend or impose limits on practice, depend on the urgency of the situation. To take extraordinary measures, there must be a prima facie case showing immediate risk to the public. The standard of proof must fall between the assertion of an unsubstantiated allegation, and the evidence considered at a full hearing (Hannos v. Registered Nurses Association of British Columbia, [1996] B.C.J. No. 138 (S.C.)). The risk of harm to the public must be real and not speculative (Hannos).
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