Daniel R. Libman

Following the dismissal of the appellant's appeal and stay motion regarding the revocation of his license, the Law Society Tribunal Appeal Division determined the appropriate quantum of costs.

The Law Society sought $12,000, which was below the typical range of $15,000 to $30,000 for an appeal.

The appellant requested costs be fixed at $6,000 payable over four years, citing financial hardship but providing no evidence.

The Tribunal considered the unique nature of the appeal, which provided an opportunity to clarify the Law Society's role in assessing applications following the compromised online licensing examination.

The Tribunal ordered the appellant to pay $9,000 in costs, payable in two installments.

The registrant, a massage therapist, admitted to professional misconduct for inappropriately touching a patient's gluteal and pubic areas without written consent and failing to appropriately address her distress.

The Discipline Tribunal found that he contravened College standards, physically abused the patient, and engaged in disgraceful, dishonourable, or unprofessional conduct.

The Tribunal accepted a joint submission on penalty, ordering a reprimand, an eight-month suspension, remedial coursework, and costs of $5,852.

The registrant admitted professional misconduct arising from several years of improper insurance billing, falsified treatment notes and receipts, and failures to keep required records.

The Tribunal applied the joint-submission standard and accepted a jointly proposed penalty, finding it would not bring the administration of justice into disrepute and was not contrary to the public interest.

In doing so, it emphasized public protection, deterrence, rehabilitation, and denunciation, and compared the proposed disposition to prior discipline decisions involving false receipts and deficient record keeping.

The Tribunal imposed a reprimand, an eight-month suspension, specified educational and compliance conditions, and costs.

The member, a Registered Practical Nurse, faced allegations of professional misconduct for accessing the personal health information of multiple patients without consent or proper authorization over a multi-year period.

The member admitted to the allegations and agreed to a statement of facts.

The Discipline Committee found that the member's actions constituted professional misconduct and were dishonourable and unprofessional.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a three-month suspension of the member's certificate of registration, and remedial conditions including meetings with a regulatory expert and employer notification.

The Ontario Securities Commission alleged that the respondent engaged in illegal insider trading by purchasing shares of a target company while possessing material non-public information obtained through his employment.

The parties reached a settlement agreement wherein the respondent admitted to the misconduct.

The Capital Markets Tribunal approved the settlement, finding it reasonable and in the public interest.

The respondent was ordered to pay an administrative penalty of $235,000, investigation costs of $22,336.27, and was subjected to ten-year market bans and a reprimand.

The College of Nurses of Ontario brought disciplinary proceedings against the Member for professional misconduct.

The Member admitted to providing inaccurate and misleading information about COVID-19 and vaccines to patients, administering an unauthorized intravenous infusion without a physician's order, failing to wear appropriate personal protective equipment with a COVID-19 positive patient, and submitting a falsified COVID-19 vaccination certificate to her employer.

The Discipline Committee accepted an Agreed Statement of Facts and found the Member committed professional misconduct.

The Committee accepted a Joint Submission on Order, imposing an oral reprimand, a six-month suspension, and terms, conditions, and limitations on her certificate of registration.

The Member, a Registered Nurse, admitted to professional misconduct for falsifying COVID-19 vaccine records.

The Member falsely documented that colleagues had administered vaccines to the Member and the Member's family members, forged colleagues' signatures, and administered vaccines to family members in non-clinical areas of the facility.

The Discipline Committee accepted a joint submission on penalty, ordering a four-month suspension, an oral reprimand, and terms including meetings with a regulatory expert and employer notification.

The respondents, a licensed professional engineer and his engineering firm, faced discipline for providing deficient structural engineering drawings and allowing an unlicensed employee to hold himself out as a professional engineer.

The respondents admitted to professional misconduct, including negligence and undertaking work outside their competence.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a two-month suspension of the member's licence and the firm's Certificate of Authorization, and a restriction prohibiting them from providing structural engineering services.

Discipline proceeding arising from a registrant’s admitted sexual relationship with a former or active psychotherapy/counselling client, together with related boundary violations and nondisclosure of a prior complaint to another professional body.

The Panel held that the timing dispute over whether the client was still active when the sexual relationship commenced was immaterial because the professional standards prohibited sexual relations at any time following termination where psychotherapy or counselling had been provided.

The admitted misconduct was found to be disgraceful, dishonourable and unprofessional, with significant aggravating factors including the client’s vulnerabilities, enduring psychological harm, and failure to disclose the earlier complaint on registration and renewals.

The Panel accepted a joint submission on penalty as consistent with the public interest and ordered a written reprimand, publication, and costs, in the context of the registrant’s irrevocable surrender and undertaking never to practise again.

The Member, a Registered Practical Nurse, admitted to committing professional misconduct by submitting false claims for orthotics and other services under her employer's group benefit plan, totaling $2,290.

The Discipline Committee accepted an Agreed Statement of Facts and found the Member engaged in dishonourable and unprofessional conduct, misappropriated property, and falsified records.

The Committee accepted a Joint Submission on Order, imposing a reprimand, a 3-month suspension, and terms including meetings with a regulatory expert and employer notification.

The applicant sought judicial review of five decisions of the Workplace Safety and Insurance Appeals Tribunal spanning from 2008 to 2018.

The Divisional Court dismissed the application regarding the first four decisions due to inordinate and inexcusable delay, noting both presumed and actual prejudice as the Tribunal's records had been destroyed.

The Court also upheld the Tribunal's 2018 decision refusing to reconsider a 2009 decision, finding it reasonable given the unexplained seven-year delay in requesting the reconsideration.

The Member, a registered nurse, faced allegations of professional misconduct for exposing his penis and masturbating in front of a colleague at work.

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

The Discipline Committee found that the Member committed professional misconduct, as his actions contravened the standards of practice and constituted disgraceful, dishonourable, and unprofessional conduct.

The Committee accepted the joint submission on penalty, ordering an oral reprimand, a three-month suspension of the Member's certificate of registration, and the imposition of terms, conditions, and limitations, including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought discipline proceedings against a Registered Practical Nurse for professional misconduct involving two vulnerable patients in a geriatric psychiatry unit.

The Member applied unauthorized mechanical restraints to a patient, failed to monitor him, and subsequently found him deceased in the restraint.

The Member then moved the body to a bed to cover up the circumstances of death and falsified records.

The Member also neglected another patient, leaving her in distress for hours while falsifying her chart.

The Discipline Committee found the Member committed professional misconduct, including physical and emotional abuse.

Accepting a joint submission, the Committee ordered a reprimand and noted the Member's undertaking to permanently resign her certificate of registration.

The College of Chiropodists of Ontario brought a motion for an order permanently staying the discipline proceedings against the respondent member.

The member consented to the order and signed an undertaking to permanently resign his registration and never reapply.

The Discipline Committee found that resolving the proceeding by way of resignation and an undertaking not to reapply, rather than a full hearing, was consistent with the College's mandate to protect the public interest.

The motion was granted, the proceedings were permanently stayed, and the member was ordered to pay costs of $25,000 to the College.

The College of Chiropodists of Ontario brought a motion for an order permanently staying the discipline proceedings against the respondent member.

The member consented to the order and signed an undertaking to permanently resign his registration and never reapply.

The Discipline Committee found that resolving the proceeding by way of resignation and an undertaking not to reapply, rather than a full hearing, was consistent with the College's mandate to protect the public interest.

The motion was granted, the proceedings were permanently stayed, and the member was ordered to pay costs of $25,000 to the College.

The applicant pharmacy sought judicial review of a decision by the Executive Officer of the Ontario Drug Benefit Program to revoke its billing privileges.

The Executive Officer found the pharmacy had made over $87,000 in unsubstantiated billings and over $62,000 in improper billings.

The Divisional Court dismissed the application, finding the Executive Officer's decision was reasonable and that the applicant was not denied procedural fairness.

The College of Chiropodists of Ontario brought a motion for an order permanently staying discipline proceedings against the Member, who was alleged to have referred patients for orthotics to a corporation controlled by her spouse.

The Member consented to the order and signed an undertaking to permanently resign her registration and never re-apply.

The Discipline Committee granted the motion, finding that the resolution protected the public interest, served public transparency, and avoided the costs of a full hearing.

The Member was also ordered to pay $10,000 in costs.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct relating to improper clinical technique during a female catheterization and failing to document the care provided.

The Member admitted to the allegations, acknowledging that he used an improper grip that resulted in inadvertent touching of the client's clitoris, failed to communicate during the procedure, and left without documenting the intervention.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Penalty, ordering a reprimand, a two-month suspension, and terms, conditions, and limitations on the Member's certificate of registration.

This decision addresses multiple pre-trial motions in a large-scale drug trafficking prosecution, focusing on Charter violations related to search and seizure (s.8) and the right to counsel (s.10), as well as the voluntariness of an utterance.

The court found the initial warrantless search for cocaine unconstitutional and excluded the evidence.

The initial search warrant for the Warwick premises was quashed, but other evidence seized under it was admitted.

Covert camera evidence was admitted despite an unlawful installation, but references to it were excised from subsequent Informations to Obtain (ITOs).

Tracking warrants and general warrants for other properties were largely upheld after excising unconstitutionally obtained information.

An accused's utterance was found voluntary and admitted, despite a s.10 Charter violation, as the impact on Charter rights was deemed slight and exclusion would not bring the administration of justice into disrepute.

The Crown brought a pre-trial motion seeking a ruling that the accused had waived solicitor-client privilege regarding communications with his former counsel.

The accused had filed a written waiver at the preliminary hearing, purporting to limit the waiver to oral communications during a specific time period and solely for the purpose of the preliminary hearing.

The court held that the waiver could not be limited to the preliminary hearing, as doing so would allow the accused to use privilege as a sword rather than a shield and risk misleading the court.

The Crown was permitted to cross-examine the former counsel on any relevant communications within the specified time frame.