What is the legal test for service of adverse disciplinary findings?

Alberta, Canada


The following excerpt is from Nwobosi v. College of Physicians and Surgeons of Alberta, 1982 ABCA 61 (CanLII):

It is argued that service may be “imputed” or that we could find “constructive” service. In matters dealing with the loss of professional status and the necessary consequences thereof statutory compliance by professional bodies is a fundamental responsibility which should rarely be inferentially removed. The power of erasure is a Draconian penalty. It was so described by Lord Diplock in Crompton v. General Mediaal Council [[1981] 1 W.L.R. 1435. But it is also obvious that the Mediaal Profession Act should be amended to permit substitutional service of these orders upon practitioners who have absented themselves from the jurisdiction. I would bring the College’s attention to those provisions of The Legal Profession Act respecting notification to the practitioner, as well as the public, of adverse disciplinary findings.

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