Christopher Harold Karl Wirth

The College of Nurses of Ontario brought professional misconduct allegations against a registered nurse for sexually harassing a co-worker over several months, culminating in unwanted physical contact.

The matter proceeded on an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found the member committed professional misconduct by contravening standards of practice and engaging in disgraceful, dishonourable, and unprofessional conduct.

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

The College of Nurses of Ontario brought allegations of professional misconduct against the respondent nurse, who was also registered as a massage therapist.

The College of Massage Therapists of Ontario had previously found the respondent committed professional misconduct, including sexual abuse of a client.

The respondent failed to report these proceedings and findings to the College of Nurses.

The Discipline Committee found the respondent committed professional misconduct by virtue of the other regulator's findings and by failing to report them.

The respondent's Certificate of Registration was immediately revoked.

The moving party sought leave to appeal a decision dismissing his motion to vary a Mareva injunction and to compel the responding parties to fund his defence to a contempt motion.

The court found that the moving party had repeatedly failed to disclose his assets as ordered, making it impossible to meet the test for varying the injunction or claiming a need for advance funding.

The court concluded that there was no reason to doubt the correctness of the underlying orders and no matter of general importance was raised.

The motion for leave to appeal was dismissed.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for multiple allegations of professional misconduct, including patient abuse, unauthorized use of restraints, and falsifying medical records in a psychiatric intensive care unit.

The discipline panel found that the nurse confined a vulnerable patient without clinical justification, applied five-point restraints inappropriately, failed to monitor the patient, used abusive language, and falsified the patient's chart to justify her actions.

The panel concluded that the nurse's actions constituted professional misconduct, abuse, and disgraceful, dishonourable, and unprofessional conduct.

As the nurse had already resigned her certificate of registration, the panel noted that revocation would have been the appropriate penalty.

The College of Nurses of Ontario brought disciplinary proceedings against the Member for physically and mentally abusing an elderly resident by throwing milk on her, and for subsequently falsifying a reference letter to obtain new employment.

The Member did not attend the hearing.

The Discipline Committee found the allegations proven based on clear and consistent witness testimony.

The Committee concluded the Member's actions constituted professional misconduct and ordered a five-month suspension, an oral reprimand, and conditions on her certificate of registration should she return to practice.

The applicant corporation sought orders under the Securities Act and the Business Corporations Act to restrict certain shareholders from voting shares allegedly acquired in breach of early warning reporting requirements, to declare that a shareholder rights plan “flip‑in event” had occurred, and to invalidate a dissident proxy solicitation ahead of an annual general meeting.

The court declined to address the alleged early warning breach because the matter was already the subject of an ongoing Ontario Securities Commission investigation and had previously been withdrawn from related litigation.

Even if a breach had occurred, the court held that the discretionary remedy of prohibiting voting rights would not be appropriate given the circumstances and absence of harm to the market or shareholders.

The court also found no evidence that the respondents acted jointly or in concert in organizing the proxy solicitation or that the circular was misleading under applicable securities and corporate law regulations.

The application was dismissed.

Following a successful appeal from a master's order, the court was required to determine costs both for the appeal and for the underlying motion before the master.

The parties had agreed that costs of the appeal would be fixed at $5,000 but disputed whether that agreement encompassed the costs of the earlier motion.

The court held that the agreement related only to the appeal and that the master's prior costs disposition had been set aside when the order was reversed on appeal.

Considering the partial indemnity costs outline, the complexity of the motion, and the reasonableness principle governing costs, the court fixed additional costs of $3,000 for the motion before the master.

The appellant appealed a master's order granting the plaintiff leave to amend her notice of action and statement of claim to add a private clinic as a defendant in a medical malpractice action despite the expiry of the presumptive two‑year limitation period.

The court considered whether pleadings and correspondence from the hospital constituted a triggering event under the discoverability provisions of s. 5 of the Limitations Act, 2002.

The court held that the hospital’s defence and cross‑claim, which alleged that treatment occurred in a private clinic, clearly pointed to another potential defendant and triggered the limitation period.

The plaintiff failed to demonstrate reasonable diligence in identifying the clinic despite available information and prolonged inaction by counsel.

The master erred in law by allowing the amendment while leaving the limitation issue to be determined later.

The College of Nurses of Ontario brought disciplinary proceedings against a registered practical nurse for professional misconduct, including practising while suspended, falsifying documents, medication administration errors, and failing to report criminal convictions for assault and break and enter.

The member did not attend the hearing.

The Discipline Committee found the member committed the alleged acts of professional misconduct, noting a pattern of ungovernability and disregard for the profession's standards.

The committee ordered the immediate revocation of the member's certificate of registration.

The College of Nurses of Ontario brought disciplinary proceedings against a member for numerous allegations of professional misconduct while working at a retirement facility.

The member, whose certificate of registration was suspended, held herself out as a registered nurse, improperly delegated controlled acts to unregulated care providers, failed to document care, and subjected residents to physical, verbal, and emotional abuse, including improper confinement and restraints.

The Discipline Committee found all allegations proven, noting the member's conduct showed severe neglect and a complete disregard for nursing standards.

The member's certificate of registration was revoked.

The appellant appealed a decision of the License Appeal Tribunal refusing to renew his registration as a real estate broker.

The Tribunal found that the appellant had participated in a mortgage fraud scheme by providing false appraisals, and concluded he would not carry on business with integrity and honesty.

On appeal, the appellant argued the Tribunal erred by failing to consider imposing conditions on his license and by drawing an adverse inference from his initial exercise of his right to silence.

The Divisional Court dismissed the appeal, finding the Tribunal's decision to revoke the license without conditions was reasonable given the egregious nature of the fraud, and that the Tribunal properly considered the timing of the appellant's cooperation in assessing his rehabilitation.

The Ontario College of Teachers brought numerous allegations of professional misconduct against a high school teacher, alleging he made denigrating, sexual, and racist comments to students, staff, and parents.

After a lengthy hearing spanning three years, the Discipline Committee dismissed the vast majority of the 61 alleged incidents, finding the evidence insufficient or the conduct not rising to the level of professional misconduct.

However, the Committee found the member guilty of professional misconduct for making derogatory comments in class about his ex-wife's weight, which it deemed unprofessional.

The Ontario College of Teachers brought disciplinary proceedings against a member for alleged sexual abuse and professional misconduct after a student stayed at his home and shared his bed.

The Discipline Committee found the student's testimony regarding sexual abuse to be inconsistent and unreliable, while the member's testimony was credible.

The Committee dismissed the allegations of sexual abuse.

However, the Committee found the member guilty of professional misconduct for failing to maintain professional boundaries by sharing a bed with the student, which contravened the standards of the profession.

The member was reprimanded and ordered to complete a course on professional boundaries.

The Ontario College of Teachers alleged that the Member, a Native studies teacher, sexually abused a student who stayed overnight at his home and engaged in professional misconduct by allowing the student to sleep in his bed.

The Discipline Committee found the student's testimony regarding sexual abuse lacked credibility and dismissed those allegations.

However, the Committee found that the Member committed professional misconduct by failing to maintain professional boundaries and standards, as allowing a visiting student to share his bed was inappropriate and contrary to societal norms.

The Member was reprimanded and ordered to complete a course on boundary violations.

The defendants sought leave to appeal a decision dismissing their motion to stay the plaintiff's action for lack of jurisdiction.

The plaintiff, a former employee and member of the union, sued for wrongful expulsion and breach of a settlement agreement after the union terminated his membership benefits.

The defendants argued the plaintiff was required to exhaust internal union procedures before suing.

The Divisional Court denied leave to appeal, finding the motions judge correctly applied the law regarding exceptions to the exhaustion rule and that the proposed appeal raised no issues of general importance.

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

With the consent of the parties and pursuant to section 4.1 of the Statutory Powers Procedure Act, the Discipline Committee granted the motion and authorized the withdrawal of the allegations without a hearing.

The Ontario College of Teachers brought allegations of professional misconduct against the Member, a secondary school teacher, based on several incidents including an alleged hallway assault on an educational resource worker, a parking lot incident, an inappropriate exchange with a new teacher, and an alleged threat to a student.

After a full hearing, the Discipline Committee found that the College failed to prove the allegations on a balance of probabilities.

The Committee found the College's witnesses lacked credibility and that the incidents were either accidental, trivial, or unsupported by reliable evidence.

The allegations were dismissed in their entirety.

The member, a teacher, engaged in an inappropriate romantic and physical relationship with a high school student.

He was subsequently convicted of common assault in criminal court.

The Discipline Committee found the member guilty of professional misconduct, including sexual abuse of a student.

The Committee ordered a two-year suspension of the member's certificate, a reprimand, and imposed conditions requiring the completion of a professional boundaries course and psychological clearance before returning to teaching.

The Member, a teacher, faced allegations of professional misconduct for making inappropriate physical contact with students and speaking aggressively to a student.

The Member pleaded no contest to the allegations and admitted to the facts in an Agreed Statement of Facts.

The Discipline Committee found the Member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, completion of a course on boundaries, and publication of the decision in summary form without the Member's name.

Following the release of the court's reasons, counsel for the appellants requested a reconsideration of the costs of the applications, noting that the appellants were not separately represented as stated in the reasons.

The Court of Appeal issued an addendum acknowledging the error but declined to reconsider the costs disposition, finding it remained appropriate because separate applications had been brought.