Dr. C.

The union appealed the denial of long-term disability benefits to a claimant who suffered from chronic fatigue syndrome and chronic pain.

The insurer had terminated benefits at the change of definition date, determining the claimant was not totally disabled from performing the essential duties of any occupation.

The arbitrator reviewed the medical evidence, including several independent medical examinations, and found insufficient objective evidence of totally disabling cognitive or physical impairments.

The appeal was dismissed as the claimant failed to meet the onus of establishing total disability from any occupation.

The appellant appealed a proposal by the Registrar to refuse her registration as a real estate salesperson under the Real Estate and Business Brokers Act, 2002.

The refusal was based on the appellant's past criminal conviction for sexual exploitation of a young person, for which she was still on probation.

The Tribunal found that the appellant's past conduct, which involved a significant breach of trust and a five-year improper relationship, provided reasonable grounds to believe she would not carry on business in accordance with the law and with integrity and honesty.

The appeal was dismissed and the Registrar was directed to carry out the proposal to refuse registration.

The worker, a truck driver, suffered a workplace injury when a tire blew out, causing him to fall and sustain back injuries.

The WSIB initially allowed the claim on an aggravation basis and later terminated benefits, concluding the worker had recovered to his pre-accident state.

The worker appealed, seeking recognition of a permanent thoracolumbar impairment, loss of earnings (LOE) benefits during a seasonal layoff, and entitlement for Chronic Pain Disorder (CPD) and psychotraumatic disability.

The Appeals Resolution Officer found that the worker suffered a permanent thoracolumbar impairment and was entitled to LOE benefits during the layoff period.

The Officer denied entitlement for CPD but granted entitlement for psychotraumatic disability, finding the pre-existing psychological condition was exacerbated by the workplace injury.

The WSIB was directed to conduct a work transition assessment to determine ongoing LOE benefits.

The 10-year-old applicant child applied to the Child and Family Services Review Board for a review of his emergency admission to a secure treatment program at Youthdale Treatment Centres.

The child had a history of severe physical aggression, violent outbursts, and complex mental health issues, including PTSD and ADHD.

The Board reviewed the five criteria for emergency admission under section 124(2) of the Child and Family Services Act.

Finding that the child had a mental disorder, posed a substantial threat of serious bodily harm, required the secure program to prevent harm, had appropriate treatment available at the facility, and had exhausted less restrictive community alternatives, the Board concluded all criteria were met and denied the application for release.

The applicant foster parent applied to the Child and Family Services Review Board for a review of the Children's Aid Society's decision to remove two foster children from her home.

The children had lived with the applicant for over five years.

The Society removed the children after the applicant requested relief due to the older child's escalating behavioural issues.

The Board found that the older child's behaviours were exacerbated by a lack of appropriate supports and that the younger child was negatively impacted by the removal.

Applying the best interests of the child test, the Board rescinded the Society's decision and ordered the immediate return of the younger child and the graduated return of the older child once necessary supports were implemented.

The Member, a registered nurse, was convicted of sexual interference and sexual touching under the Criminal Code.

The College of Nurses of Ontario brought professional misconduct allegations based on these convictions.

The Member admitted to the allegations.

The Discipline Committee found the Member committed professional misconduct.

Accepting a joint submission on penalty with a slight variation, the Committee ordered a reprimand, a 12-month suspension, and practice restrictions, including a prohibition on working with individuals under 16 years of age.

The Member, a registered nurse, admitted to engaging in a sexual relationship with a psychiatric patient while employed at a hospital.

The Discipline Committee found the Member committed professional misconduct by sexually abusing the patient and violating professional boundaries.

The Member brought a Charter challenge, arguing that the mandatory revocation penalty discriminated against her on the basis of a mental disability.

The panel dismissed the Charter challenge, finding insufficient evidence that the Member suffered from a mental disability that affected her functioning at the time of the misconduct.

The panel ordered the mandatory penalty of revocation of the Member's certificate of registration and a reprimand.