A. Boissonneau-Lehner

The applicant, a chiropractor previously disciplined for professional misconduct, sought an interim stay of an amended College bylaw that disqualified him from running in an upcoming Council election.

The College had recently amended the bylaw to extend the disqualification period for professional misconduct from three to six years, making it effective immediately.

The court applied the RJR-MacDonald test, using the elevated 'strong likelihood of success' standard because the stay would effectively determine the election outcome.

The court dismissed the motion, finding the applicant failed to demonstrate a strong likelihood that the bylaw would be found unreasonable, retrospective, or passed in bad faith on judicial review.

Two registered nurses sought judicial review of decisions by the College of Nurses of Ontario's Inquiries, Complaints and Reports Committee (ICRC).

The ICRC had directed the nurses to be cautioned and complete remedial education after they made public statements and social media posts spreading misinformation about COVID-19 vaccines and public health measures while identifying themselves as nurses.

The Divisional Court dismissed the applications, finding that the ICRC reasonably balanced the nurses' Charter right to freedom of expression with the College's statutory mandate to protect the public interest.

The Court held that the remedial actions were proportionate and that the ICRC did not exceed its jurisdiction as a screening committee.