The appellant, a registered practical nurse, appealed a finding of professional misconduct by the Discipline Committee of the College of Nurses of Ontario.
The Committee found that the appellant yelled at a cognitively impaired client and forced her to clean up her own faeces.
The appeal was based on the Committee's credibility findings and its refusal to re-open the hearing.
The Divisional Court dismissed the appeal, holding that there was no palpable and overriding error in the credibility findings and no error in refusing to re-open the hearing.