Emily C. Lawrence

The applicant sought leave to appeal an arbitral award finding it breached contractual and fiduciary duties by failing to redeem the respondent's hedge fund investment.

The arbitrator awarded $1.3 million in damages, rejecting the applicant's argument that damages should be assessed based on an alternative, less onerous method of performance.

The Superior Court denied leave to appeal, finding that the arbitrator correctly interpreted the contract as mandating only one method of performance and that the applicant's challenges raised issues of mixed fact and law, not extricable questions of law.

The appellant nurse appealed a penalty order from the Discipline Committee of the College of Nurses of Ontario.

She argued the Panel was functus officio when it issued its reasons after the order, that it lacked jurisdiction to order her participation in a quality assurance program, and that the penalty was disproportionately harsh.

The Divisional Court dismissed the appeal, finding the Panel had a statutory duty to issue written reasons, possessed broad remedial discretion under the Health Professions Procedural Code, and imposed a reasonable penalty aimed at protecting the public interest.

The appellant nurse appealed a decision of the Discipline Committee of the College of Nurses, which found he committed professional misconduct while providing in-home nursing care.

The misconduct included failing to maintain nursing standards and administering a liquid without patient consent.

The Divisional Court applied a reasonableness standard of review and found that the Panel's factual and credibility findings were amply supported by the evidence.

The appeal was dismissed, and costs of $8,500 were awarded to the respondent.