The College of Nurses of Ontario appealed an order of the Fitness to Practise Committee regarding the respondent nurse.
The Divisional Court allowed the appeal, finding that the Committee failed to fully consider the uncontroverted evidence of an addiction medicine specialist who assessed the respondent.
The Court set aside the Committee's order, declared the respondent 'incapacitated' under the Health Professions Procedural Code, and remitted the matter to the Committee to determine the appropriate order.