2 total
Judicial review dismissed; College has jurisdiction to caution physiotherapists for their clinic's inaccurate billing practices.
Four physiotherapists sought judicial review of decisions by the College of Physiotherapists of Ontario's Inquiries, Complaints and Reports Committee to issue them verbal cautions.
The cautions related to the inaccurate billing practices of their co-owned multidisciplinary clinic, which systematically waived insurance co-payments but billed the insurer for the full amounts.
The applicants argued the College lacked jurisdiction to regulate clinic business practices and that the decisions were unreasonable.
The Divisional Court dismissed the application, finding the College had jurisdiction to hold members accountable for systemic billing issues in their clinics and that the decisions and cautions were reasonable.
Malicious prosecution claim against sexual assault complainant dismissed under anti-SLAPP legislation.
The defendant, a former student, reported to her guidance counsellor and police that she had been sexually assaulted by the plaintiff, her former piano teacher.
The police investigated and charged the plaintiff, but the charges were later stayed.
The plaintiff sued the defendant for malicious prosecution.
The defendant brought a motion to dismiss the action under the anti-SLAPP provisions of the Courts of Justice Act (s. 137.1) and, in the alternative, for summary judgment.
The court granted the motion, finding that the expression related to a matter of public interest, the malicious prosecution claim lacked substantial merit because the police (not the defendant) initiated the proceedings, and the public interest in protecting the reporting of sexual assaults outweighed the harm to the plaintiff.
