Emily Lawrence

The applicant brought a motion under s. 21(5) of the Courts of Justice Act to set aside a decision quashing her application for judicial review against the Healthcare of Ontario Pension Plan (HOOPP).

The applicant sought survivor benefits following the death of a plan member.

The Divisional Court dismissed the motion, upholding the finding that HOOPP is a private pension plan not exercising a statutory power or state authority, and therefore its decisions are not subject to judicial review.

The court also found no error in the motion judge's discretionary decision not to apply issue estoppel or in the costs award.

The Member, a registered nurse, faced allegations of professional misconduct following the death of a patient.

The Member admitted to failing to properly assess the patient, failing to properly administer medication, failing to complete vital signs checks and visual observations, and falsifying records to indicate she had observed the patient breathing and coherent when she had not.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Order, finding the Member guilty of professional misconduct.

The Member was reprimanded, her certificate of registration was suspended for three months, and terms and conditions were imposed on her practice.

The applicants, unions representing safety-critical employees at Class 1 high-security nuclear sites, brought a motion for an interlocutory injunction staying the implementation of mandatory random and pre-placement drug and alcohol testing prescribed by a regulatory document (RegDoc) issued by the Canadian Nuclear Safety Commission.

The Federal Court applied the RJR-MacDonald tripartite test.

The Court found a serious issue to be tried regarding the legality and constitutionality of the testing, that the highly intrusive and non-consensual collection of bodily fluids constituted irreparable harm, and that the balance of convenience favoured the applicants given the existing robust fitness-for-duty programs.

The motion for an interlocutory injunction was granted pending the final disposition of the application for judicial review.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for failing to appropriately de-escalate a patient in a mental health unit, using improper physical restraint techniques, and physically abusing the patient.

The Member admitted to the allegations, acknowledging that he placed his knee on the patient's back and tapped the patient's head while the patient was restrained on the floor.

The Discipline Committee found the Member guilty of professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a four-month suspension, an oral reprimand, and terms, conditions, and limitations on the Member's certificate of registration.

The moving party, HOOPP, brought a motion to quash an application for judicial review brought by the responding party.

The responding party sought survivor benefits from HOOPP following the death of her niece, but HOOPP determined the benefits were payable to the deceased's common law spouse.

The responding party sought judicial review of this decision.

HOOPP argued the Divisional Court lacked jurisdiction because HOOPP is a private pension plan, not a public body, and its decisions are not subject to public law remedies.

The court agreed, finding that HOOPP was not exercising a statutory power and its decisions were not of a public character.

The motion to quash was granted.

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

The Member submitted falsified resumes, altered police reference checks, and forged academic credentials to multiple healthcare facilities, holding herself out as another nurse with a similar name.

The Discipline Committee found the allegations proven, concluding the Member's actions were disgraceful, dishonourable, and unprofessional.

The Committee ordered an oral reprimand and the immediate revocation of the Member's certificate of registration.

The applicant, a medical student, sought judicial review of a decision by the university's Academic Appeals Committee upholding findings of professionalism lapses.

The applicant argued that the initial process before the Board of Examiners was procedurally unfair due to insufficient notice and undisclosed allegations.

The Divisional Court dismissed the application, finding that while the initial process was flawed, the subsequent appeals before the Faculty of Medicine Appeals Committee and the Academic Appeals Committee were conducted as de novo hearings that cured any procedural defects.

The Member, while registered as a non-practising Registered Practical Nurse and employed as a Personal Support Worker, engaged in a sexual relationship with an 80-year-old patient with dementia.

The Discipline Committee found that the Member committed professional misconduct by sexually abusing the patient and failing to maintain professional boundaries.

The Committee accepted a joint submission on penalty, ordering a reprimand and the immediate revocation of the Member's certificate of registration, as mandated by the Health Professions Procedural Code.

The applicant sought judicial review of a university academic appeal committee decision.

In support of his application, he filed an affidavit containing evidence of events that occurred after the original board decision.

The university brought a motion to strike those portions of the affidavit.

The Divisional Court granted the motion, applying the Keeprite principle that judicial review is based on the record before the decision-maker, and finding that the applicant had previously consented to excluding this evidence during the internal appeal processes.

The Member, a registered nurse, faced allegations of professional misconduct for failing to abide by a written undertaking with the College of Nurses of Ontario.

The Member admitted to accepting employment with multiple employers, including staffing agencies, without disclosing his practice restrictions or arranging for required workplace monitoring.

The Discipline Committee found the Member committed professional misconduct and engaged in dishonourable and unprofessional conduct.

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

The College of Nurses of Ontario brought discipline proceedings against a registered nurse for professional misconduct.

The nurse, acting as a clinical supervisor for personal support worker students, examined a vulnerable elderly patient without consent, accessed her chart without authorization, and breached professional boundaries by allowing a kiss to occur.

The nurse admitted to the allegations.

The Discipline Committee found the nurse committed professional misconduct that was dishonourable and unprofessional.

The Committee accepted a joint submission on penalty, ordering an oral reprimand, noting the nurse had permanently resigned his membership and undertaken never to practice nursing in Ontario again.

The College of Nurses of Ontario brought discipline proceedings against a registered nurse for unauthorized access to the electronic medical records of approximately 318 patients and for misappropriating medication from patients' homes during visits that lacked a clinical purpose.

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

The Discipline Committee found the member committed professional misconduct, characterizing her actions as disgraceful, dishonourable, and unprofessional.

Accepting a joint submission on penalty, the Committee ordered an oral reprimand, a 7-month suspension, and imposed conditions on her certificate of registration, including meetings with a regulatory expert and employer notification requirements.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for professional misconduct involving the physical, emotional, and verbal abuse of a vulnerable patient.

The Member admitted to the allegations, including making insensitive comments, delaying bedpan removal, and handling the patient roughly.

Proceeding on an Agreed Statement of Facts and a Joint Submission on Order, the Discipline Committee found the Member committed professional misconduct.

The Committee accepted the joint submission, ordering an oral reprimand and noting the Member's undertaking to permanently resign from the College.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for sexually and emotionally abusing a vulnerable patient and failing to maintain professional boundaries.

The Member admitted to the allegations, acknowledging a romantic and sexual relationship with the patient that began while the patient was admitted to the facility.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Order, finding the Member guilty of professional misconduct.

The Member's certificate of registration was immediately revoked, and she was ordered to be reprimanded and to reimburse the College up to $5,000 for patient therapy funding.

The College of Nurses of Ontario brought professional misconduct allegations against the respondent nurse for providing his employer with a Criminal Record Check that failed to disclose an outstanding assault charge.

The respondent did not attend the hearing.

The Discipline Committee found that the respondent committed professional misconduct by issuing a document he knew or ought to have known contained a false or misleading statement, and that his actions constituted disgraceful, dishonourable, and unprofessional conduct.

The Committee ordered an oral reprimand, an 8-month suspension, and terms, conditions, and limitations on his certificate of registration, including meetings with a regulatory expert and employer notification.

The Member, a registered nurse, faced allegations of professional misconduct relating to his care of two psychiatric patients.

The Discipline Committee found that the Member failed to discontinue a patient's seclusion in a timely manner, used improper physical restraint techniques on another patient, and made unprofessional comments about a colleague.

The Member admitted to the allegations and permanently resigned his certificate of registration.

The Committee accepted a joint submission on penalty, ordering an oral reprimand.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for professional misconduct, alleging she sexually abused two patients and breached therapeutic boundaries.

The member admitted to engaging in sexual relationships, including sexual intercourse, with both patients while they were under her care.

The Discipline Committee found the member committed professional misconduct, noting her actions constituted a severe breach of the Therapeutic Nurse-Client Relationship standard.

Pursuant to a joint submission, the Committee ordered the mandatory revocation of the member's certificate of registration, an oral reprimand, and reimbursement of up to $10,000 for patient counselling.

The court, on its own initiative under Rule 2.1.01 of the Rules of Civil Procedure, dismissed the plaintiff's action as frivolous, vexatious, and an abuse of process.

The plaintiff alleged that a defendant falsely represented his marital status to a pension plan, leading to him receiving benefits to which he was not entitled.

The court found the action constituted an abusive collateral attack on the pension plan's determination, which was already subject to judicial review by the plaintiff.

Additionally, the plaintiff's claim for children's documents lacked a legal basis.

The action was dismissed without costs.

The applicant, an international medical graduate, failed her Assessment Verification Period in the university's emergency medicine residency program.

She brought a motion for an interim injunction to prevent the university from reporting her failure to the College of Physicians and Surgeons of Ontario pending her internal appeal and judicial review.

The Divisional Court dismissed the motion, finding no irreparable harm and concluding that the balance of convenience favoured the university, which has a statutory obligation to report such outcomes to the College.

The member, a registered nurse, faced allegations of professional misconduct for participating in an intervention where a patient was physically and chemically restrained to obtain a blood sample without consent.

The member admitted to the allegations, acknowledging she failed to consult a physician and breached standards of practice regarding consent and least restraint.

The Discipline Committee found the member committed professional misconduct and that her actions were disgraceful, dishonourable, and unprofessional.

The panel accepted a joint submission on penalty, ordering an oral reprimand, noting the member had permanently resigned from the College.