Two registered nurses sought judicial review of decisions by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Nurses of Ontario requiring them to be cautioned and, in one case, to complete a remediation program.
The applicants argued the decisions were unreasonable because the ICRC failed to address their submissions regarding inordinate delay (over four years) and abuse of process.
One applicant also argued the ICRC failed to consider her mental health disability under the Human Rights Code.
The Divisional Court granted the applications, quashed the decisions, and remitted the matters back to the ICRC, finding the decisions unreasonable because the ICRC failed to meaningfully grapple with the central issues of delay, abuse of process, and disability.
