4 total
The court awarded substantial indemnity costs of $16,000 against parties who brought an intervention motion primarily to delay proceedings.
This costs endorsement arises from a motion to add intervenors, which the court found was largely designed to delay an s. 87 application.
The College of Physicians and Surgeons of Ontario sought costs.
The court ordered costs payable by the moving parties/proposed intervenors/appellants and Rochagné Killian on a substantial indemnity basis, finding the motion gave rise to significant unnecessary legal expenses and delay.
A motion by anonymous patients to stay a regulatory investigation pending appeal was dismissed.
This motion concerned a request for a stay pending appeal of a lower court's dismissal of an application for leave to intervene.
The underlying matter involved the College of Physicians and Surgeons of Ontario seeking an order to compel Dr. Kilian to provide patient files related to COVID-19 vaccine exemptions.
The moving parties, anonymous patients of Dr. Kilian, argued their s. 8 Charter privacy rights would be violated without their intervention.
The Court of Appeal dismissed the motion for a stay, finding no serious issue to be tried.
The court held that the expectation of privacy in medical records is lower in a regulatory context, as the primary purpose of such investigations is public protection, and existing confidentiality protections within the regulatory scheme are sufficient.
Costs awarded to the College of Physicians and Surgeons of Ontario after unsuccessful judicial review application.
The College of Physicians and Surgeons of Ontario sought costs following the dismissal of an application for judicial review and related motions brought by a physician and her patients.
The applicants argued they were public interest litigants and should pay no costs, or alternatively, reduced costs.
The Divisional Court rejected the public interest litigant argument, finding the physician was pursuing private and pecuniary interests in a dispute with her regulator, and the patients lacked standing.
The court ordered the patients to pay $8,000 and the physician to pay $18,000 in all-inclusive costs.
Physician's judicial review of interim license suspension for issuing unjustified COVID-19 vaccine exemptions dismissed.
The applicant physician sought judicial review of decisions by the College of Physicians and Surgeons of Ontario (CPSO) to investigate her, impose interim restrictions, and subsequently suspend her medical license for issuing unjustified COVID-19 vaccine exemptions.
A group of anonymous patients also sought judicial review, arguing the investigation infringed their privacy and autonomy.
The Divisional Court quashed the patients' application for lack of standing.
The court dismissed the physician's application, finding the challenge to the investigation decision premature and the interim restriction and suspension decisions reasonable given the immediate risk to patient safety.
The court also granted the CPSO's motion for a publication ban to protect the identities of complainants.
