Brian Gover

The Mayor of North Bay requested an Integrity Commissioner inquiry into his own expense claims and use of a City-issued corporate credit card.

The Integrity Commissioner investigated whether the Mayor's use of the credit card for personal expenses, which were subsequently reimbursed or offset against mileage allowances, contravened the municipal Code of Conduct.

The Commissioner found no breach of Article VI regarding policy compliance, but concluded that the Mayor contravened Article XII by using City funds for personal family meals, hockey season tickets, and a golf membership, even though the funds were later repaid.

No remedial action was recommended, as the funds had already been reimbursed.

In a professional discipline hearing, the member admitted allegations involving sexual impropriety with a patient who was also an employee, and longstanding sexual harassment and degrading conduct toward staff in a dental practice.

The panel found professional misconduct proven on the member’s admissions and the agreed statement of facts.

Applying the public-interest standard governing joint submissions on sanction, the panel accepted a joint submission for reprimand, immediate revocation of the certificate of registration, and $10,000 in costs.

The panel held that revocation was necessary for public protection, denunciation, deterrence, and maintenance of public confidence in the profession.

The Member, a registered nurse, faced allegations of professional misconduct for withdrawing medications (primarily narcotics) from the hospital's dispensing system without documenting their administration or disposal.

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

The Discipline Committee found the Member committed professional misconduct by contravening standards of practice, failing to keep records, and engaging in unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, and terms including meetings with a nursing expert and employer notification.

In a professional discipline hearing, the panel found that the member repeatedly breached a practice undertaking and certificate restrictions by initiating and providing prosthodontic and implant-related treatment after agreeing not to do so.

The panel also found that the member gave inaccurate information to the regulator about the scope of post-undertaking treatment and failed to respond appropriately to a written records request concerning a patient file.

Applying the civil balance of probabilities standard, with clear, convincing and cogent evidence, the panel accepted the investigators' evidence and rejected the member's interpretation that screw-retained prostheses fell outside the undertaking.

Findings of professional misconduct were entered on all pursued allegations in both notices of hearing.

The applicant, a transitioned female cyclist, alleged discrimination on the basis of sex regarding the imposition of anti-doping requirements as a condition of obtaining a race license.

The Tribunal held a preliminary hearing to determine jurisdiction, timeliness, and whether to add WADA as a respondent.

The Tribunal found it had territorial jurisdiction over the UCI, as it extensively regulates the licensing process in Ontario, but not over the IOC or WADA.

The Tribunal also found the applicant's claims regarding the denial of her race licenses in 2013, 2014, and 2015 were timely as a continuing contravention, but claims regarding the Stockholm Consensus were out of time.

The request to summarily dismiss the application for lacking a reasonable prospect of success was denied.

The Member, a registered nurse working in a psychiatric unit, admitted to professional misconduct for crossing professional boundaries and emotionally abusing a vulnerable client.

The Member made inappropriate comments, hugged the client, kissed the client on the forehead, tucked the client into bed, and stroked the client's hip.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Order, finding the Member's conduct to be dishonourable and unprofessional.

The Member was reprimanded, suspended for two months, and subjected to terms, conditions, and limitations on his certificate of registration, including mandatory sessions with a nursing expert.

Hahn Investment applied for a hearing and review of a decision by the Investment Industry Regulatory Organization of Canada (IIROC) refusing to vary or cancel certain trades in Exchange Traded Funds (ETFs) made on October 14, 2008.

Hahn Investment argued the trades were unreasonable due to significant divergence between the underlying values of the indices and the traded prices.

The Ontario Securities Commission dismissed the application, finding that IIROC correctly applied its policies and procedures, did not overlook material evidence, and that new evidence regarding the underlying security of one ETF was not compelling enough to change the outcome.

The Commission emphasized the need for deference to SRO decisions, particularly those involving technical expertise and time-sensitive market rulings.

David Berry, a former employee of Scotia Capital Inc., applied for a hearing and review of a decision by a hearing panel of Market Regulation Services Inc. (RS) that dismissed his motion to stay an RS proceeding against him.

Berry argued that the Universal Market Integrity Rules (UMIR) were not validly adopted by the TSX and that RS lacked jurisdiction over him as a former employee.

The Ontario Securities Commission dismissed the application, finding that UMIR are rules of RS, approved by the Commission, and enforceable against TSX Participants and their employees.

The Commission also held that the TSX Act provides the basis for RS's jurisdiction to proceed against Berry as a former employee.

TSX Inc. sought intervenor status in a hearing and review requested by the respondent regarding a decision of Market Regulation Services Inc. (RS).

The respondent had challenged the validity of the Universal Market Integrity Rules (UMIR) and the TSX's delegation of market regulation to RS.

The Commission granted TSX limited intervenor status, finding that the TSX had a direct interest in the proceeding because its market regulation and enforcement regime was being challenged, and that its participation would be useful without unfairly prejudicing the existing parties.

The Requesting Parties sought a hearing and review by the Ontario Securities Commission of the TSX's filing of amendments to the Universal Market Integrity Rules (UMIR) and the Director's acceptance of that filing.

Market Regulation Services Inc. (RS) brought a motion to quash the request, arguing it was moot, premature, and that the RS Hearing Panel had jurisdiction to decide the issues in the first instance.

The Commission held that there was no reviewable decision under sections 8 or 21.7 of the Securities Act, though it retained overriding supervisory jurisdiction under section 21(5).

The Commission declined to exercise its discretion to hear the matter, finding that the application was premature and would unduly fragment the ongoing RS disciplinary proceeding.

The Commission remitted the matter back to the RS Hearing Panel to determine the validity of the UMIR amendments.

The Member, a registered nurse, faced allegations of professional misconduct for making inappropriate comments to a client, failing to maintain boundaries, and bathing the client without consent.

Following a contested start to the hearing, the parties reached an agreement and the Member admitted to the allegations.

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 remedial conditions on the Member's certificate of registration.

The College of Nurses of Ontario brought allegations of professional misconduct against a Registered Practical Nurse for misappropriating a vial of Hydromorphone and failing to document medication administration on 35 occasions.

The hearing proceeded in the member's absence.

The Discipline Committee found the allegations proven on a balance of probabilities, relying on clear and convincing evidence including testimony from the clinical manager and narcotic control records.

The member's conduct was found to be disgraceful, dishonourable, and unprofessional.

The Committee ordered a reprimand, a one-month suspension, and practice monitoring conditions upon reinstatement.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse who had been convicted of fraud over $5,000 for unlawfully obtaining social assistance benefits.

The member failed to disclose this criminal conviction on his annual registration renewal forms for four consecutive years.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, finding the member guilty of professional misconduct.

The member was reprimanded, suspended for 45 days, and ordered to complete an ethics course.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for misappropriating narcotics, failing to conduct adequate assessments, and failing to properly document the administration of medications at a long-term care facility.

The member did not attend the hearing.

The Discipline Committee found the member committed professional misconduct, noting a pattern of targeting vulnerable residents to misappropriate Tylenol #3.

The member's certificate of registration was revoked.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for failing to accurately assess and document a client's heel ulcer, and for continuing to practise and hold herself out as a nurse while her certificate of registration was suspended for non-payment of fees.

The Member did not attend the hearing.

The Discipline Committee found the Member committed professional misconduct on all allegations.

The Committee ordered a reprimand, a nine-month suspension, terms and conditions on her certificate, and $1,500 in costs.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct.

The member admitted to inappropriately raising her voice and using inappropriate force in disciplining two students.

The Discipline Committee accepted a joint submission on penalty, finding the member guilty of professional misconduct.

The Committee ordered a reprimand, publication of the decision, and imposed terms on the member's certificate requiring successful completion of courses in classroom management and anger management, failing which her certificate would be suspended.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct relating to inappropriate behaviour towards adult students, including kissing a student during a CPR demonstration and making inappropriate jokes and gestures.

The member pleaded guilty to failing to maintain the standards of the profession, engaging in disgraceful, dishonourable or unprofessional conduct, and conduct unbecoming a member.

The Discipline Committee accepted the guilty plea and the joint submission on penalty.

The member was reprimanded, ordered to complete a course on classroom management, and received a one-month suspension that would be suspended upon fulfillment of the conditions.

The Member, a registered nurse and co-owner of a private seniors' residence, faced numerous allegations of professional misconduct relating to the care of a vulnerable elderly resident.

The Discipline Committee found that the Member unnecessarily restrained the resident, confined them to their room, failed to administer prescribed medications, and failed to seek required medical attention, ultimately leading to the resident's death from bronchopneumonia.

The Member also directed untrained, unregulated staff to perform nursing functions, submitted fraudulent invoices for care not provided, and misrepresented the facility's services and visiting policies.

The Committee found the Member guilty of professional misconduct, including physical and emotional abuse, and ordered the revocation of her certificate of registration.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for allegedly slapping and verbally abusing a resident at a nursing home.

The Member did not attend the hearing.

Based on the clear and convincing testimony of an eyewitness personal care worker, the Discipline Committee found that the Member committed professional misconduct.

The Committee ordered a reprimand, a four-month suspension, and imposed remedial conditions on the Member's certificate of registration.

The Member, a registered nurse, faced allegations of professional misconduct for bathing one patient in cold water and preparing to bathe another in cold water out of anger.

The Member admitted to the allegations and agreed to a statement of facts.

The Discipline Committee found the Member guilty of professional misconduct for failing to meet the standards of practice and engaging in unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a three-month suspension of the Member's certificate of registration, and the completion of remedial courses on patient-focused care and abuse prevention.