Five Years Later, Foreign-Trained Doctors Score Legal Win Against Royal College of Canada

By Caroline Ameh

A group of international medical graduates has won a landmark appeal against the Royal College of Physicians and Surgeons of Canada, five years after being denied certification for independent psychiatric practice.

The Ontario Court of Appeal set aside a lower court ruling that upheld the College’s controversial 6.

A new trial has been ordered to determine whether the Royal College breached its contractual duty of good faith in grading the exams.

The appellants, doctors from countries including Nigeria and India, argued they had initially scored between 70.45% and 75.76%, above the published passing mark of 70%.

However, the College’s post-exam review raised the passing threshold to 76.5% and lowered all candidates’ scores, leaving the doctors ineligible for certification despite evidence of competence.

The Court of Appeal criticized the lower court for failing to engage with expert evidence and not fully addressing the appellants’ claim that the Royal College acted arbitrarily. “Given the impact on their careers and lives, these doctors are entitled to a reasoned decision,” the court said.

Each appellant had paid $4,415 to take the exam and faced years of delay in practicing independently, highlighting broader concerns about the fairness and transparency of Canada’s medical certification process for foreign-trained doctors.

The appellate court also awarded $35,000 in costs to the doctors, while costs for the original trial and the new trial remain to be decided.

This decision shines a spotlight on systemic challenges faced by international medical graduates in Canada, raising questions about the Royal College’s accountability and the integrity of professional licensing in the country.