Glynnis Danielle MacDonald Hawe

The applicant sought a declaration regarding the interpretation of a unanimous shareholders agreement for a family-owned steel distribution business.

The applicant argued the agreement required the board of directors to consist of the registered holders of voting shares, while the respondent argued the board was to be elected by a resolution of those shareholders.

Applying the principles of contractual interpretation, the court found the ordinary and grammatical meaning of the provision, read in context with the surrounding circumstances, supported the respondent's interpretation.

The application was dismissed.

The College alleged that the registrant committed professional misconduct by contravening a federal law relevant to the provision of dental care and by failing to report criminal charges in a timely manner.

The registrant had been convicted of aggravated assault and assault with a weapon, and had also been charged with impaired driving, which he failed to report to the College for over seven months.

The registrant admitted to the allegations via an Agreed Statement of Facts.

The Discipline Committee found that the registrant committed professional misconduct, noting that his criminal convictions demonstrated a disregard for public safety and his failure to report charges was unprofessional.

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

The member admitted to making an inappropriate sexual comment to a vulnerable patient after performing a catheterization and failing to document the procedure.

The Discipline Committee found the member committed professional misconduct, noting the conduct was dishonourable and unprofessional.

Accepting a joint submission on penalty, the Committee ordered a three-month suspension, an oral reprimand, meetings with a regulatory expert, and employer notification requirements.

In a professional discipline matter, the registrant moved to recuse two public members of the panel because they had participated in an earlier contested discipline hearing involving him that was under appeal, including on an alleged bias ground.

The panel applied the reasonable apprehension of bias test and held that prior participation in an earlier adverse decision, without compelling evidence of actual or apparent bias, was insufficient to displace the strong presumption of impartiality.

The panel rejected the submission that the registrant was entitled to “fresh eyes” and found that the pending appeal and unproven bias allegations in the earlier matter were immaterial to the present hearing.

The recusal motion was dismissed and the hearing was directed to be rescheduled before the same panel.

No costs were awarded on the motion.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for failing to follow up on patient care concerns and inappropriately sharing patient information in a social media group chat.

The member admitted to the allegations, acknowledging that she failed to assess a patient who reported neglect and later discussed the employer's investigation on Facebook Messenger, encouraging colleagues to withhold information.

The Discipline Committee found the member committed professional misconduct.

Accepting a joint submission on penalty, the Committee ordered a reprimand, a two-month suspension, and remedial conditions on the member's certificate of registration.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for environmentally restraining an 85-year-old patient with dementia in his room for nine hours without a physician's order, clinical justification, or adequate monitoring.

The Member also failed to properly document the restraint and falsely documented monitoring checks.

The Member admitted to the allegations.

The Discipline Committee found the Member committed professional misconduct and, accepting a joint submission on penalty, ordered a reprimand, a three-month suspension, and terms and conditions on her certificate of registration.

The member, a registered nurse, admitted to professional misconduct for accessing the electronic medical records of 23 patients without authorization or clinical purpose over a nearly two-year period.

The Discipline Committee accepted an agreed statement of facts and found the member's conduct breached privacy standards and was dishonourable and unprofessional.

The Committee accepted a joint submission on penalty, ordering a three-month suspension, an oral reprimand, regulatory education, and a 12-month period of employer notification with random audits.

At a penalty and costs hearing following findings that the registrant sexually abused two patients and committed multiple additional acts of professional misconduct, the discipline panel held that revocation was mandatory under the Health Professions Procedural Code because the sexual abuse included sexual intercourse.

The panel rejected arguments alleging bias in the earlier merits reasons, held it was functus officio and could not revisit its findings, and found no merit in the contention that the patient relationships were merely incidental to employment or sexual relationships.

The panel also held that a victim impact statement was not a precondition to imposing penalty under s. 51(6).

It ordered a reprimand, immediate revocation, security for therapy and counselling funding for two patients, and substantial costs reflecting roughly two-thirds of the College's actual investigation and hearing expenses.

The College of Nurses of Ontario brought allegations of professional misconduct against a Registered Practical Nurse for falsifying patient records by altering the dates on care plans and assessments.

The member admitted to the allegations.

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

The Committee accepted a joint submission on penalty, ordering a two-month suspension, an oral reprimand, and remedial measures including meetings with a regulatory expert and employer notification.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for misappropriating narcotics from two healthcare facilities, falsifying records, breaching patient privacy, and failing to report criminal charges and a finding of guilt for theft to the College.

The Member admitted to the allegations via an Agreed Statement of Facts.

The Discipline Committee found the Member committed professional misconduct.

Pursuant to a Joint Submission on Order, and noting the Member's undertaking to permanently resign and never reapply, the Committee ordered an oral reprimand.

This costs endorsement followed a decision on an appeal and cross-appeal.

Given the divided success of the parties on both the appeal and cross-appeal, the Court of Appeal ordered that each party bear its own costs.

The College of Nurses of Ontario brought a motion requesting the Discipline Committee state a case for contempt to the Divisional Court against the self-represented Member.

The College alleged the Member breached multiple tribunal orders prohibiting contact with expected witnesses.

The Panel found a prima facie case of civil contempt, concluding the Member intentionally contacted witnesses via phone and email despite clear written orders not to do so.

The Panel exercised its discretion to state a case for contempt to the Divisional Court, emphasizing the need to protect witnesses from harassment and maintain the integrity of the regulatory proceedings.

The Member was found to have committed professional misconduct, including disgraceful, dishonourable, and unprofessional conduct, relating to two separate incidents of patient abuse on a Mental Health Unit.

The Member failed to participate in the disciplinary process.

The Discipline Committee ordered an oral reprimand, a six-month suspension of the Member's certificate of registration, and terms, conditions, and limitations including meetings with a Regulatory Expert, employer notification, and a restriction on independent practice.

The parties entered into a contract in 1999 for the provision of market pricing data.

The appellant, a custodial bank, redistributed the data to its numerous affiliates without authorization.

The respondent discovered the breach in 2016 and sued.

The trial judge found the appellant breached the contract and awarded damages based on a rateable approach, but also awarded damages for sharing data with a specific affiliate.

On appeal, the Court of Appeal upheld the liability finding, concluding the contract only authorized the appellant itself to access the data.

The Court also upheld the trial judge's decision to change his unentered judgment and rejected the appellant's limitations defence.

On damages, the Court struck the award relating to the specific affiliate as double compensation but otherwise upheld the damages assessment, including an adverse inference drawn against the appellant for spoliation of evidence.

The Member, a Registered Practical Nurse operating an independent cosmetic spa, admitted to professional misconduct for failing to keep adequate records, performing controlled acts (cosmetic injections) without proper authorization from a physician, and making disparaging social media posts directed at a patient.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Order, finding the Member's conduct to be unprofessional and dishonourable.

The Member was reprimanded, her certificate of registration was suspended for four months, and terms, conditions, and limitations were imposed on her practice, including meetings with a Regulatory Expert and employer notification requirements.

In a multi-notice professional discipline proceeding, the panel found that the registrant engaged in false and misleading insurance billing by causing claims for his own dental services to be submitted under other dentists’ names and provider numbers, and in one instance on a false service date.

The panel also found extensive professional misconduct in opioid prescribing and recordkeeping, including prescribing without documented justification, exceeding College guideline quantities and frequencies without rationale, failing to document informed consent, diagnoses, treatment plans, and root canal safeguards.

The panel further found that the registrant engaged in sexual relationships with two employees who were also his patients, amounting to sexual abuse and disgraceful, dishonourable, unprofessional and unethical conduct.

A separate allegation of inappropriate touching involving another employee-patient was not proven.

Most allegations were upheld, with limited exceptions under one notice.

The member, a Registered Practical Nurse, faced allegations of professional misconduct for arranging to receive a fake COVID-19 vaccine and asking a colleague to pretend to administer a second dose to circumvent her employer's mandatory vaccination policy.

The Discipline Committee accepted an Agreed Statement of Facts in which the member admitted to the conduct, which breached the College's Code of Conduct, Professional Standards, and Ethics Standard.

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

A Joint Submission on Order was accepted, resulting in a reprimand, a 3-month suspension, and conditions on her certificate of registration.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for verbally, physically, and emotionally abusing two elderly patients.

The Member admitted to the allegations, which included yelling, using inappropriate force, and improperly restraining patients.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Order.

The Member was found to have committed professional misconduct and was penalized with a reprimand, a 3-month suspension, and terms, conditions, and limitations on their certificate of registration.

The Member, a registered nurse, faced allegations of professional misconduct for accessing the electronic health records of multiple patients without consent or authorization.

The Member admitted to the allegations and the parties proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found that the Member breached the College's standards of practice and engaged in dishonourable and unprofessional conduct.

The Committee accepted the joint submission on penalty, ordering a reprimand, a 3-month suspension of the Member's certificate of registration, and the imposition of terms, conditions, and limitations including meetings with a regulatory expert and employer notification.

The Member, a Registered Nurse, faced allegations of professional misconduct for failing to monitor patients in a Psychiatric Intensive Care Unit and falsifying records to indicate the monitoring had occurred.

One patient suffered multiple falls and injuries during the unmonitored period.

The Member admitted to the allegations via an Agreed Statement of Facts.

The Discipline Committee found the Member committed professional misconduct and accepted a Joint Submission on Order, imposing a reprimand, a 3-month suspension, and terms and conditions including meetings with a Regulatory Expert and employer notification.