The College of Physicians and Surgeons of Ontario (CPSO) applied for an order under s. 87 of the Health Professions Procedure Code to compel the respondent physician to produce patient records and cooperate with an investigation into her conduct regarding COVID-19 vaccine exemptions and public statements.
The respondent resisted, arguing privacy infringements and constitutional issues, and sought to expand the scope of the application beyond the limits set by prior Divisional Court rulings.
The court, bound by the Divisional Court's guidance, found the s. 87 application's scope narrow, rejecting constitutional challenges and arguments of overbreadth or abuse of process.
The court granted the order, finding the CPSO had established grounds for a statutory injunction and that the respondent had no legitimate reason to refuse cooperation.
A publication ban was also ordered, and the CPSO was awarded costs.
