Danielle Bisnar

The Member, a registered nurse, faced allegations of professional misconduct for failing to report a proceeding and finding of professional misconduct against her in Florida, providing inaccurate information on her annual renewal form, and being found guilty of operating a vessel while impaired by alcohol in Ontario.

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

The Discipline Committee found the Member committed professional misconduct and accepted a joint submission on penalty, ordering a reprimand, a two-month suspension, and the imposition of terms, conditions, and limitations on her certificate of registration.

The College of Nurses of Ontario alleged that the Member, a registered nurse, sexually abused a client and breached standards of practice during a night shift.

The allegations included directing the client to expose her breasts, exposing her vaginal area during a bladder scan, and inappropriately touching her genitals during a catheterization.

The Discipline Committee dismissed all allegations, finding the client's testimony to be highly unreliable, inconsistent, and likely the result of misremembered or misinterpreted events due to her altered emotional state and medications.

The College failed to meet its burden of proof on a balance of probabilities.

The respondent College of Nurses of Ontario brought a Request for an Order During Proceedings seeking to have its motion to dismiss heard at the outset of the hearing, or alternatively to bifurcate the liability phase, and to strike certain witness statements.

The Tribunal denied the requests for a summary hearing and bifurcation, finding them to be attempts to re-litigate previously decided issues.

The Tribunal granted the request to exclude certain witness evidence during the liability phase, as the proposed evidence related to remedial issues such as the impact of the alleged discrimination on the applicant's career and finances.

The applicant in a human rights complaint alleging discrimination in the College of Nurses of Ontario's registration process requested an interim order for the production of historical versions of a declaration form and related council minutes.

The Tribunal denied the request, finding that the requested documents were not arguably relevant to the specific allegations in the applicant's pleadings, which focused on the automatic revocation of temporary registration rather than the requirement to disclose physical or mental conditions.

The applicant filed a human rights application alleging that the College of Nurses of Ontario's registration process discriminates against applicants with disabilities.

The Ontario Nurses Association (ONA) requested intervenor status, arguing it has an interest in the outcome as it represents nurses and the applicant was a member.

The respondents opposed the request, arguing ONA's participation would cause delay and duplication, as ONA and the applicant share the same legal counsel.

The Tribunal granted ONA intervenor status but limited its participation to making written and oral submissions following the completion of evidence, finding that broader participatory rights would unnecessarily lengthen and complicate the hearing.

The Member, a registered nurse, faced a discipline hearing for failing to intervene when another nurse abused an unresponsive 17-year-old client in the emergency department.

The Member admitted to the allegations of professional misconduct and unprofessional conduct.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, ordering an oral reprimand, a two-month suspension, and terms including meetings with a nursing expert and employer notification.

The respondent College of Nurses of Ontario requested an order to bifurcate the hearing into three phases, separating the allegations against the College from those against Ontario, and separating liability from remedy.

The applicant opposed the request, arguing the issues were intertwined.

The Tribunal found that the liability issues against both respondents were intertwined and should be heard together to avoid duplicating evidence.

However, given the complex and unusual remedies sought, the Tribunal ordered the hearing bifurcated into two stages: liability first, followed by remedy if necessary.

The respondent requested that the human rights application be deferred pending the conclusion of an ongoing grievance and arbitration proceeding dealing with the same facts and allegations of Code discrimination.

The Ontario Nurses' Association (ONA) also requested intervenor status.

The Tribunal granted ONA intervenor status and deferred the application, finding that it would be most fair, just, and expeditious to avoid concurrent proceedings that could lead to inconsistent decisions, as the grievance arbitrator has jurisdiction to enforce the Code.

The applicant sought judicial review of an arbitrator's decision.

At the hearing, the applicant attempted to raise new arguments and issues that were not raised before the arbitrator.

Citing the Supreme Court of Canada's decision in Alberta Teachers' Association, the Divisional Court refused to consider the new issues, noting the prejudice to the respondent and the loss of the specialized tribunal's views.

The court concluded it lacked jurisdiction to remit the matter back to the arbitrator without consent, which the respondent refused.

The court offered the applicant the option to withdraw the application without a determination on the merits.

On consent, the application was withdrawn, and the applicant was ordered to pay $3,500 in costs to the respondent.