Jean-Claude Killey

Guaranteed Funeral Deposits of Canada (Fraternal) applied to enforce its interpretation of an amending agreement with Assurant Life of Canada.

Assurant cross-applied for rescission of the agreement, alleging misrepresentation.

The court found that Guaranteed misled Assurant by misstating facts regarding the omission of a clause from the 2012 agreement, whether innocently or deliberately.

Assurant relied on this misrepresentation, which was material.

The court granted Assurant's cross-application for rescission, declaring the amending agreement void, and dismissed Guaranteed's application.

The Member, a Nurse Practitioner, faced allegations of professional misconduct for providing nursing care and prescribing opioids to a patient with whom she had an ongoing personal relationship.

She was also named as the beneficiary of the patient's pension and life insurance, creating a conflict of interest, and accessed the patient's health records without authorization.

The Member admitted to the allegations.

The Discipline Committee found the Member committed professional misconduct and accepted a Joint Submission on Order, imposing a 10-month suspension, an oral reprimand, and practice restrictions.

The College of Nurses of Ontario brought disciplinary proceedings against the member for professional misconduct after he was convicted of sexual assault and failed to report the charge and conviction to the College.

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

The Committee ordered the immediate revocation of the member's certificate of registration and required him to appear for a reprimand.

The College of Nurses of Ontario brought discipline proceedings against a Nurse Practitioner for failing to maintain the boundaries of the therapeutic nurse-client relationship.

The member engaged in a personal and romantic relationship with the spouse of a patient, who was also a former patient, and continued to provide care to the patient while involved with her spouse.

The Discipline Committee found the member committed professional misconduct.

The Committee ordered a 10-month suspension, an oral reprimand, and imposed terms, conditions, and limitations on the member's certificate of registration, noting the mitigating factor that the member was a victim of domestic violence and manipulation by the former patient.

The applicant, a francophone physician, sought judicial review of an interim decision by the Discipline Committee of the College of Physicians and Surgeons of Ontario.

The Committee had denied his request for a disciplinary hearing before a bilingual panel, concluding that the use of interpreters was sufficient and constituted a reasonable limit under the Health Professions Procedural Code.

The Divisional Court granted the application, holding that the standard of correctness applied to the interpretation of language rights.

The Court found that the applicant has a presumptive right to a bilingual panel under section 86(1) of the Code.

The Court further held that the Committee's conclusion that interpreters were a reasonable limit under section 86(4) was unreasonable because it failed to consider the specific circumstances of the case.

The matter of reasonable limits was remitted to the Committee.

The Member, a Registered Practical Nurse, admitted to professional misconduct for engaging in a personal and sexual relationship with the mother of a pediatric patient while providing home care.

The Discipline Committee found that the Member breached professional boundaries, emotionally abused the patient, and engaged in disgraceful, dishonourable, and unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering an oral reprimand, a 9-month suspension, and terms and conditions on the Member's certificate of registration.

The Member, a registered nurse, faced allegations of professional misconduct after a patient in the emergency department committed suicide.

The Member failed to conduct required periodic assessments of the patient and subsequently falsified the patient's health record to indicate that checks had been performed when they had not.

The Discipline Committee found that the Member committed professional misconduct, including contravening standards of practice, failing to keep records, falsifying records, and engaging in dishonourable and unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, and conditions on the Member's certificate of registration.

The proposed interveners brought a motion for leave to intervene as amicus curiae in a judicial review application.

The underlying application concerns the applicant's right to a disciplinary hearing in French before the College of Physicians and Surgeons of Ontario.

The court granted the motion, finding that the interveners could make a useful contribution regarding the application of the French Language Services Act, and that any prejudice to the respondent could be mitigated by allowing a responding factum.

The plaintiffs brought a motion for summary judgment against the defendants Elko and its principal for knowing receipt and knowing assistance, alleging they participated in a scheme to divert business from a family company to avoid a prior judgment.

Elko brought a motion to stay the action because the plaintiffs failed to disclose settlement agreements with co-defendants that changed the adversarial landscape.

The court dismissed the plaintiffs' motion and granted summary judgment in favour of Elko, finding no evidence that Elko had actual or constructive knowledge of the breach of fiduciary duty.

In the alternative, the court held it would have permanently stayed the action due to the plaintiffs' failure to immediately disclose the settlement agreements, which prejudiced Elko.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for multiple allegations of patient abuse at a long-term care facility.

The Member was alleged to have forced food, fluids, and medications on vulnerable patients without their consent, and to have yelled at and forcefully shaken them.

The Discipline Committee proceeded in the Member's absence and found that she committed professional misconduct by breaching standards of practice, abusing patients, and engaging in disgraceful, dishonourable, and unprofessional conduct.

The Committee ordered a 9-month suspension, an oral reprimand, and imposed terms, conditions, and limitations on her certificate of registration.

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

The Member admitted to telling an inappropriate story involving a racial slur in front of patients, attempting an improper one-person transfer of a patient requiring a two-person transfer, failing to document a patient fall, and administering medication without authorization.

The Discipline Committee accepted the Member's admissions and found that he committed professional misconduct, including verbal and emotional abuse of a client.

The Committee accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, and various terms, conditions, and limitations on the Member's certificate of registration.

The Member, a registered nurse, faced allegations of professional misconduct for repeatedly sending patients' personal health information via unsecure standard email, accessing a patient's financial information without consent, and storing confidential patient information on an unsecure, unencrypted USB drive for several years.

The Member also posted an unauthorized memo that contradicted management's infection control instructions.

The Member admitted to the allegations.

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

Accepting a joint submission on penalty, the Committee ordered a reprimand, a four-month suspension, and imposed terms, conditions, and limitations on the Member's certificate of registration, including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought discipline proceedings against a Registered Practical Nurse for professional misconduct.

The member admitted to failing to assess a patient's vital signs and blood glucose levels, failing to respond to changes in the patient's condition, failing to transfer the patient to the hospital, and failing to accurately report the patient's condition to her family.

The Discipline Committee accepted an Agreed Statement of Facts and found the member committed professional misconduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a three-month suspension, and terms, conditions, and limitations on the member's certificate of registration.

The Member, a Registered Nurse, faced a discipline hearing for professional misconduct relating to her care of a patient who fell while disembarking a transit bus and subsequently died.

The Member admitted to failing to assess the patient, failing to complete an incident report, and failing to take appropriate action when the patient's health declined the following day.

The Discipline Committee accepted an Agreed Statement of Facts and found the Member committed professional misconduct.

Accepting a Joint Submission on Order, the Committee ordered a three-month suspension, a reprimand, and terms, conditions, and limitations on the Member's certificate of registration.

The Member, a registered nurse, faced allegations of professional misconduct including failing to document a patient's visit, failing to arrange a physician assessment for a suicidal patient, and communicating inappropriately with colleagues and a patient's family.

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

The Discipline Committee found the Member committed professional misconduct and that her conduct was dishonourable and unprofessional, though not disgraceful.

The Committee accepted a joint submission on penalty, ordering a four-month suspension, an oral reprimand, and terms, conditions, and limitations on her certificate of registration.

In a professional discipline hearing, the member admitted allegations involving sexual impropriety with a patient who was also an employee, and longstanding sexual harassment and degrading conduct toward staff in a dental practice.

The panel found professional misconduct proven on the member’s admissions and the agreed statement of facts.

Applying the public-interest standard governing joint submissions on sanction, the panel accepted a joint submission for reprimand, immediate revocation of the certificate of registration, and $10,000 in costs.

The panel held that revocation was necessary for public protection, denunciation, deterrence, and maintenance of public confidence in the profession.

The member, a registered nurse, faced allegations of professional misconduct for verbally abusing and making inappropriate, non-therapeutic comments to three vulnerable patients in a mental health inpatient unit.

The member admitted to the allegations through an Agreed Statement of Facts.

The Discipline Committee found the member committed professional misconduct, including verbal abuse and disgraceful, dishonourable, and unprofessional conduct.

Accepting a joint submission on penalty, the Committee ordered a five-month suspension, a reprimand, and terms including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for professional misconduct related to her wound care of two patients.

The nurse admitted to discontinuing a physician's order for negative pressure wound therapy without notifying the most responsible physician, and failing to properly document her care and assessments.

The Discipline Committee accepted an Agreed Statement of Facts and found the nurse committed professional misconduct.

Accepting a joint submission on penalty, the Committee ordered an oral reprimand, a two-month suspension, and terms, conditions, and limitations on her certificate of registration.

The plaintiff, Jack Oliveira, brought a motion for summary judgment against the defendant, Mario Oliveira, for defamation.

The defendant made telephone statements to a third party and sent emails to a reporter and a political office, alleging the plaintiff was a convicted pedophile in Portugal and involved in union corruption.

The court found the statements defamatory, with no available defences.

General damages of $20,000 and aggravated damages of $10,000 were awarded, and a permanent injunction was granted to prevent further dissemination.

Punitive damages were not awarded due to the limited dissemination and the defendant's compliance with interim injunctions.

The College of Nurses of Ontario brought disciplinary proceedings against a nurse practitioner for engaging in a sexual relationship with a patient and maintaining a personal relationship with the patient's spouse.

The member did not attend the hearing.

The Discipline Committee found that the member committed professional misconduct by sexually abusing the patient, failing to maintain professional boundaries, and emotionally abusing the patient's spouse.

The Committee ordered the immediate revocation of the member's certificate of registration and required her to appear for an oral reprimand.