Caroline Zayid

The Member, a Registered Nurse, faced allegations of professional misconduct for physically assaulting a co-worker during a dispute over who would be Charge Nurse.

The Member admitted to the allegations.

After a hearing to determine the facts, the Discipline Committee found that the Member committed professional misconduct by contravening standards of practice and engaging in unprofessional conduct.

The Committee ordered a reprimand, a two-week suspension of the Member's certificate of registration, and required the Member to review professional standards with a practice consultant.

The defendants appealed an order certifying a class action regarding defective blood glucose monitors.

The motion judge certified the action on the basis that the pleadings disclosed a cause of action in 'waiver of tort', seeking restitutionary remedies of constructive trust or disgorgement of profits rather than compensatory damages.

The Divisional Court dismissed the appeal, holding that the law regarding waiver of tort as an independent cause of action and the availability of the requested restitutionary remedies is unsettled.

Therefore, it was not plain and obvious that the plaintiffs' claims would fail, and the issues should be resolved on a full factual record at trial.

The Member, a registered nurse, faced allegations of professional misconduct for failing to appropriately document client contacts, failing to return and maintain client charts, and improperly billing for visits not made.

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

The Discipline Committee found the Member committed professional misconduct.

Accepting a Joint Submission as to Penalty, the Committee ordered an oral reprimand, a one-month suspension, a $450 fine, and imposed conditions on the Member's certificate of registration requiring education and monitoring.

Counsel for the Ontario College of Teachers brought a motion seeking leave to withdraw the allegations of professional misconduct against the member set out in the Notice of Hearing.

The member consented to the withdrawal.

Pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion, finding that the withdrawal of the allegations was reasonable and served the public interest.

The member, a teacher, pleaded no contest to allegations of professional misconduct stemming from an indecent assault on a student in 1971, for which he was previously found guilty in criminal court and granted an absolute discharge.

The Discipline Committee accepted an agreed statement of facts and joint submission on penalty.

The Committee ordered the immediate revocation of the member's teaching certificate and directed that the findings be published in summary form without identifying the member.

The Ontario College of Teachers brought a discipline proceeding against a member for professional misconduct and incompetence.

The member, who did not attend the hearing, was alleged to have interfered with a student's treatment plan, failed to evaluate student work, failed to provide effective instruction due to frequent absences, and exhibited unprofessional behaviour towards students and colleagues.

The Discipline Committee found the member guilty of professional misconduct and incompetence.

The Committee ordered a reprimand, a 12-month suspension of her certificate, and imposed terms and conditions requiring her to complete courses and undergo a medical assessment before returning to teaching.

The applicant, a retired school principal, sought an order of prohibition to restrain the Ontario College of Teachers from proceeding with a discipline hearing against him.

The allegations related to his failure to properly screen and discipline a teacher who was later convicted of sexual offences.

The applicant had retired and cancelled his teaching certificate before the professional misconduct regulation came into effect.

The Divisional Court held that the College lacked jurisdiction to apply the professional misconduct regulation retrospectively to a former member who had resigned before the regulation was enacted, as the proceedings would be purely punitive rather than for public protection.

The application for prohibition was granted.

The defendants brought a motion for leave to appeal an order certifying a class action.

The certification judge had certified the proceeding on the basis that 'waiver of tort' constituted an independent cause of action.

The Divisional Court found good reason to doubt the correctness of this conclusion, noting conflicting decisions and academic commentary suggesting waiver of tort is merely a choice of remedy rather than a standalone cause of action.

Leave to appeal was granted.

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.

The Ontario College of Teachers brought discipline proceedings against a member for professional misconduct, including allegations of sexual abuse of a student.

The member did not attend the hearing but signed an Agreed Statement of Facts and a plea of no contest, admitting to engaging in sexual intercourse with a student and other inappropriate conduct.

The Discipline Committee found the member guilty of professional misconduct and ordered the immediate revocation of his Certificate of Qualification and Registration.

The Ontario College of Teachers brought professional misconduct charges against a member following allegations that he sexually assaulted a former student.

The member had previously been acquitted of criminal charges arising from the same incident.

The Discipline Committee heard conflicting evidence from the complainant and the member regarding the events that occurred when the member visited the complainant at her workplace.

Applying the requirement for clear, cogent and convincing evidence, the Committee found itself in the same position as the criminal trial judge, unable to resolve the conflicting testimony.

The Committee concluded that the allegations were not proven and dismissed the charges of professional misconduct.

The Ontario College of Teachers held a discipline hearing regarding allegations that the member committed professional misconduct by failing to maintain professional standards, issuing false statements, and engaging in disgraceful conduct.

The member did not attend but entered into a Memorandum of Agreement with the College.

The Discipline Committee found the member guilty of professional misconduct and accepted the agreement, which required the member to undergo a psychological assessment, comply with any recommended treatment, and receive a reprimand.

The Ontario College of Teachers brought discipline proceedings against the member for alleged professional misconduct or incompetence.

At the hearing, both counsel requested that the Notice of Hearing be withdrawn, submitting a draft Resignation and Undertaking to be signed by the member.

The Discipline Committee accepted the submissions, agreed to accept the signed Resignation and Undertaking, and withdrew the Notice of Hearing, conditional on the signed document being returned to the College.

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

The member admitted to making disparaging and homophobic comments to staff, students, and parents about a newly hired teacher whose photograph appeared in a newspaper covering the Gay Pride Parade.

The member's conduct contributed to a hostile environment that ultimately caused the new teacher to leave the school.

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

The Committee ordered a reprimand, a four-month suspension of the member's teaching certificate, and the successful completion of a course on homophobia prior to returning to teaching.

The Ontario College of Teachers brought discipline proceedings against a member for alleged physical abuse of deaf students.

The member brought a motion to stay the proceedings, arguing delay and procedural unfairness.

The parties subsequently reached an agreement.

The Discipline Committee ordered the proceedings stayed on conditions, including that the member resign his membership, surrender his teaching certificates, and undertake not to teach in Ontario.

The Ontario College of Teachers brought discipline proceedings against a member who had been convicted of making child pornography and admitted to having sexual relations with a 16-year-old student.

The member did not attend the hearing.

The Discipline Committee found the member guilty of professional misconduct based on the criminal conviction and evidence of the sexual relationship.

The Committee ordered the immediate revocation of the member's teaching certificate.

The Ontario College of Teachers held a discipline hearing regarding a member who pled guilty to criminal charges of sexual exploitation of a 15-year-old student.

Based on an Agreed Statement of Facts, the Discipline Committee found the member guilty of professional misconduct, including sexually abusing a student.

The Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration and directed that the decision and the member's name be published.

The Ontario College of Teachers brought disciplinary proceedings against a member for professional misconduct, alleging he engaged in an inappropriate relationship with a student, wrote inappropriate letters, made numerous late-night phone calls, and lied to school administration about a soccer tournament.

The Discipline Committee found the member guilty of professional misconduct for failing to maintain professional standards, failing to comply with the Education Act, committing disgraceful and dishonourable acts, and engaging in conduct unbecoming a member.

The Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration.

The appellant teacher appealed a decision of the Fitness to Practise Committee of the Ontario College of Teachers.

The Committee had found the appellant incapacitated due to a mental condition that led to serious boundary violations with a student.

The Committee rejected a joint submission on penalty and imposed more stringent conditions, including a requirement for therapy and a psychiatric assessment before returning to teaching.

The Divisional Court dismissed the appeal, finding that the Committee properly followed procedural fairness when rejecting the joint submission and reasonably exercised its statutory duty to protect the public interest.

The Discipline Committee held a penalty hearing after finding the member guilty of professional misconduct.

The member did not attend.

The Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration, and ordered the publication of the findings and the member's name, subject to a publication ban on the names of the student and child involved.