David Paul Jacobs

The applicant, a registered nurse, sought judicial review of a decision by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Nurses of Ontario, which issued a Letter of Caution and required remediation.

The College conceded that the ICRC breached procedural fairness by relying on witness statements without disclosing them to the applicant or providing an opportunity to respond.

The Divisional Court quashed the ICRC's decision and remitted the matter for a fresh determination, while dismissing the applicant's other jurisdictional and Charter arguments.

The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board, which had overturned a decision by the College of Physicians and Surgeons' Complaints Committee to take no further action on a complaint.

The complaint alleged the physician treated a patient with contempt and prejudice before the patient's death from pneumonia.

The Divisional Court found that the Board failed to apply the proper standard of reasonableness and deference to the Committee's screening function.

The Court held that the Board's requirement for further investigation into the physician's credibility and use of the word 'lifestyle' was unreasonable.

The application for judicial review was granted, the Board's decision was set aside, and the Committee's decision was restored.

The appellant, an informal committee of senior debenture holders, sought leave to appeal orders made by the supervising judge in a CCAA restructuring.

The orders authorized the debtor company to enter into agreements with stakeholders and a finance provider to facilitate a proposed plan of arrangement.

The appellant argued the judge lacked jurisdiction to make orders that entrenched elements of a plan before creditor approval and that the plan was doomed to fail.

The Court of Appeal dismissed the appeal, holding that the supervising judge had broad jurisdiction under s. 11 of the CCAA to move the restructuring process forward, provided the creditors retained their final right to vote on the plan under s. 6.

The moving parties, two directors who were removed from the board of a company undergoing restructuring under the Companies' Creditors Arrangement Act, sought an order expediting the hearing of their motion for leave to appeal the removal order.

The court granted the motion to expedite, finding that the fast-moving and unpredictable nature of CCAA proceedings required a generous view of urgency to provide the board with certainty regarding its composition during a critical phase of restructuring.

The applicant, a medical director, sought judicial review of a decision by the Health Professions Appeal and Review Board requiring him to attend before the Complaints Committee to be cautioned about using unqualified practitioners for Independent Medical Examinations.

The applicant argued a lack of procedural fairness and that the decision was patently unreasonable.

The Divisional Court dismissed the application, finding that the procedural fairness issues were not raised before the Board and that the Board had an evidentiary basis for its conclusions.

The union filed an unfair labour practice complaint alleging that the employer failed to bargain in good faith when its elected trustees refused to ratify a tentative collective agreement.

The employer argued that the settlement was expressly subject to ratification and that severe provincial funding cuts justified the trustees' decision to reject the settlement.

The Board found that the employer did not breach its duty to bargain in good faith, as the change in economic circumstances was real and compelling, and the employer was entitled to reconsider its bargaining position.

The complaint was dismissed, and the parties were directed to return to the bargaining table.