Health Law

An appeal under Part XX.1 of the Criminal Code from an Ontario Review Board disposition order dated December 13, 2024.

The appellant sought a conditional discharge or, alternatively, authorization for 14-day travel passes to the United States.

The Board maintained a detention order requiring continued residence at the Centre for Addiction and Mental Health with community housing privileges and extended Canadian travel passes to 14 days.

The Court of Appeal upheld the Board's decision, finding no error in law and that the disposition was reasonable and not a miscarriage of justice.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for taking and sharing photos and videos of clients in vulnerable states on Snapchat, and for falsifying her employment history on a resume to conceal her termination for this conduct.

The Discipline Committee found the Member committed professional misconduct, including emotional abuse and dishonourable conduct.

The Committee accepted a joint submission on penalty, ordering a 5-month suspension, an oral reprimand, and terms including meetings with a regulatory expert and employer notification for 18 months.

The Member, a registered nurse, faced allegations of professional misconduct for misappropriating credit cards from an elderly, vulnerable patient and using them for personal purchases.

The Member was criminally charged and convicted of fraud but failed to report the charges and findings of guilt to the College.

The Discipline Committee accepted an Agreed Statement of Facts and found the Member committed professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a 12-month suspension, and terms, conditions, and limitations on the Member's certificate of registration.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct involving multiple incidents of patient abuse, medication errors, improper patient transfers, and disrespectful communication with colleagues and clients.

The Member admitted to the allegations through an Agreed Statement of Facts.

The Discipline Committee found that the Member's actions constituted professional misconduct and were disgraceful, dishonourable, and unprofessional.

Accepting a joint submission on penalty, the Committee ordered an oral reprimand, noting that the Member had already signed an undertaking to permanently resign from the College and never reapply.

The Member, a registered nurse, faced allegations of professional misconduct for allowing unauthorized individuals into the nursing station to discuss her personal business while on duty, creating a risk of a privacy breach.

She was also alleged to have used names other than her registered name in professional contexts, causing confusion to the public.

The Member admitted to the allegations via an Agreed Statement of Facts.

The Discipline Committee found the Member committed professional misconduct and accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, and various terms, conditions, and limitations on her certificate of registration.

The Member, a registered nurse, faced allegations of professional misconduct for failing to report numerous criminal charges and subsequent findings of guilt to the College of Nurses of Ontario.

The criminal matters involved criminal harassment, threatening conduct, and breaches of recognizance.

The Member admitted to the allegations and an Agreed Statement of Facts was presented.

The Discipline Committee found the Member committed professional misconduct and accepted a joint submission on penalty, ordering a 12-month suspension, an oral reprimand, and terms and conditions on her certificate of registration.

The Member, a registered nurse, faced allegations of professional misconduct relating to inadequate care, medication errors, failure to document, and failure to report conditions imposed on his nursing license in Manitoba.

The Member admitted to the allegations.

The Discipline Committee found the Member committed professional misconduct, including unprofessional and dishonourable conduct, but not disgraceful conduct.

The Committee accepted a joint submission on penalty, ordering a five-month suspension, a reprimand, and conditions on the Member's certificate of registration.

The member, a registered nurse, faced allegations of professional misconduct for accessing a client's personal information for a non-health-related purpose, sending personal text messages to the client, misappropriating a blank prescription pad from the hospital, and forging a physician's signature to prescribe himself medication.

The member admitted to the allegations via an Agreed Statement of Facts.

The Discipline Committee found the member committed professional misconduct.

Pursuant to a joint submission, the Committee ordered an oral reprimand, noting that the member had already permanently resigned from the College and agreed never to reapply.

The member, a registered nurse working in a correctional facility, admitted to professional misconduct for engaging in a personal and romantic relationship with a vulnerable, incarcerated client.

The member communicated with the client outside the therapeutic relationship, shared personal information, and sent him money.

The Discipline Committee accepted a joint submission on penalty, ordering a three-month suspension, an oral reprimand, and terms, conditions, and limitations on the member's certificate of registration, including meetings with a nursing expert and employer notification.

The Member was found to have committed professional misconduct for failing to report the abuse of a client.

At the penalty hearing, the College sought a two-month suspension, while the Member argued for a six-week suspension.

The Discipline Committee ordered a reprimand, a two-month suspension, and imposed terms, conditions, and limitations on the Member's certificate of registration, including mandatory meetings with a Nursing Expert and employer notification.

The College of Nurses of Ontario alleged that the Member committed professional misconduct by failing to report an incident where she observed a colleague strike a psychiatric client and place him in a headlock.

The Member denied seeing the abuse, claiming she was focused on securing the client's ankles during the restraint.

Relying on video surveillance footage and witness testimony, the Discipline Committee found that the Member had ample opportunity to observe the abuse and did in fact see it.

The Committee rejected the defence expert's theory of unintentional blindness.

The Member was found to have breached the standards of practice and engaged in dishonourable and unprofessional conduct by failing to report the incident.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for administering and selling Botox and dermal fillers without authorization from a physician, failing to document pre-treatment assessments and client information, and misusing the protected title of Registered Nurse.

The Member admitted to the allegations through an Agreed Statement of Facts.

The Discipline Committee found the Member committed professional misconduct and accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, and terms, conditions, and limitations on her certificate of registration.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for physically and emotionally abusing two vulnerable clients at a facility for adults with developmental disabilities.

The member, who had previously pled guilty to six criminal counts of assault, did not attend the hearing.

Relying on video surveillance and witness testimony, the Discipline Committee found the member committed professional misconduct by contravening standards of practice and engaging in disgraceful, dishonourable, and unprofessional conduct.

The Committee ordered the immediate revocation of the member's certificate of registration and required him to appear for a reprimand.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse who was convicted of multiple counts of first-degree murder, attempted murder, and aggravated assault for intentionally administering insulin overdoses to 14 vulnerable patients in long-term care and home care settings.

The nurse, who had resigned her certificate of registration and was serving a life sentence, did not attend the hearing.

The Discipline Committee found that the nurse committed egregious professional misconduct, including physical abuse and disgraceful, dishonourable, and unprofessional conduct.

The Committee ordered the immediate revocation of her certificate of registration, emphasizing the paramount need for public protection and deterrence.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for issuing written referral orders for in-vitro fertilization under a physician's name without approval, and for falsifying payroll records to transfer his worked hours to his sister to help her qualify for Employment Insurance.

The member admitted to the allegations.

The Discipline Committee found the member committed professional misconduct, including misappropriating property and engaging in dishonourable and unprofessional conduct.

Accepting a joint submission, the Committee ordered a reprimand, a three-month suspension, and terms including meetings with a nursing expert and employer notification.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for conducting breast and abdominal examinations on a patient without adequate communication, consent, or documentation.

The member admitted to the allegations of professional misconduct.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, ordering a reprimand, a one-month suspension, and terms including meetings with a nursing expert and employer notification.

The member, a registered practical nurse, faced allegations of professional misconduct for breaching a Fitness to Practise Order.

The member admitted to failing to notify the College of her employment, failing to inform her employer of the conditions on her certificate, failing to file required confirmation letters, and practising without a monitor.

The Discipline Committee found the member committed professional misconduct and accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, and terms, conditions, and limitations on her certificate of registration.

The member was found to have committed professional misconduct, including sexual abuse of a vulnerable client.

The Discipline Committee accepted a joint submission on penalty, ordering the immediate revocation of the member's certificate of registration, a reprimand, and reimbursement of up to $5,000 for the client's therapy.

The panel emphasized the need for general deterrence and public protection, noting the member's exploitation of a vulnerable client.

The member, a registered practical nurse, faced allegations of professional misconduct for failing to maintain therapeutic boundaries and accepting over $55,000 from the spouse of a client.

The member admitted to the allegations and entered an agreed statement of facts.

The Discipline Committee found the member committed professional misconduct.

As the member had already permanently resigned her certificate of registration and signed an undertaking never to reapply, the Committee accepted a joint submission ordering an oral reprimand.

The defendant physicians brought a motion for summary judgment arguing that a medical negligence claim arising from treatment that preceded a patient’s death from necrotizing fasciitis was statute-barred under the one‑year limitation period in s. 89 of the Regulated Health Professions Act.

The estate argued that the limitation period did not begin to run until a medical expert later reviewed the records and identified specific errors in treatment.

The court held that discoverability required knowledge of material facts establishing potential negligence, which in complex medical cases may require expert interpretation of medical records.

Because the plaintiff only obtained those material facts after receiving an expert analysis of the records, the action was commenced within the applicable limitation period.

The motion for summary judgment was dismissed.