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Divisional Court sets aside stay of CPSO application to compel physician's cooperation with investigation.
The College of Physicians and Surgeons of Ontario (CPSO) appealed a Superior Court decision staying its application under section 87 of the Health Professions Procedural Code to compel a physician to produce patient records.
The physician had refused to produce records related to COVID-19 vaccine exemptions and had separately sought judicial review of the CPSO's investigation.
The Divisional Court held that although the appeal might be moot following the dismissal of the judicial review, it should be heard for reasons of judicial economy.
The Court allowed the appeal and set aside the stay, finding the applications judge erred in principle by misapprehending the narrow scope of a section 87 application and failing to consider the urgency and public interest in the investigation.
The matter was remitted to the Superior Court for determination.
Judicial review of physician's interim suspension dismissed; failure to cooperate with investigation justified College's order.
The applicant physician sought judicial review of an interim order by the College of Physicians and Surgeons of Ontario suspending her certificate of registration.
The suspension followed investigations into her infection prevention and control practices, dissemination of COVID-19 misinformation, and alleged issuance of a vaccine exemption to an immunocompromised patient.
The applicant refused to cooperate with the investigations, arguing the College lacked jurisdiction.
The Divisional Court dismissed the application, finding the suspension order was reasonable, factually grounded, and necessary to protect the public from harm given the applicant's ungovernability.
The court also dismissed a motion to introduce fresh evidence and found no breach of procedural fairness.
Interlocutory injunction granted to prevent landlord from terminating commercial lease following flood damage delays.
The plaintiff tenant sought a quia timet interlocutory injunction to prevent the defendant landlord from terminating a commercial lease and re-entering the premises.
The restaurant premises had suffered extensive flood damage, and the landlord issued a notice of default citing the tenant's failure to repair with due diligence.
The court applied the RJR-MacDonald test, finding the tenant established a strong prima facie case, would suffer irreparable harm by losing its business, and the balance of convenience favoured preserving the status quo.
The court granted the injunction and alternatively granted relief from forfeiture.
