CNO 2005

The Applicant sought reinstatement of his Certificate of Registration, which was revoked in 1993 after he was found to have sexually abused three patients and subsequently convicted of criminal charges.

The Applicant, who was self-represented, argued he had rehabilitated himself and was no longer a risk.

The College opposed the application, tendering expert psychiatric evidence that the Applicant remained at a low-to-moderate risk of sexually aggressive behaviour and should not have access to patients.

The Discipline Committee dismissed the application, finding the Applicant failed to meet the burden of proving that the public would be protected if he were reinstated.

The College of Nurses of Ontario alleged that the member verbally and physically abused a client.

During the hearing, the College's key witness gave inconsistent testimony during cross-examination and became unwilling to continue.

The College requested that the allegations be dismissed as it could no longer meet the standard of clear, cogent, and convincing evidence.

The panel dismissed the allegations.

The member subsequently sought costs, arguing the prosecution was unwarranted.

The panel denied the costs request, finding that the proceedings were reasonably justified based on initial eyewitness evidence.