Johanna Braden

The applicant, a mutual fund dealing representative, applied for a hearing and review of a Director's decision suspending his registration for six months.

Over a ten-year period, the applicant had forged client signatures, obtained pre-signed forms, and provided incorrect answers on compliance questionnaires.

The Commission found that the applicant's conduct was fundamentally dishonest, rendering him unsuitable for registration and in breach of Ontario securities law.

The Commission ordered that the applicant's registration be suspended for six months.

The Member, a registered practical nurse, faced disciplinary proceedings for failing to provide appropriate care to a psychiatric client who suffered an anxiety attack and was later found vital signs absent.

The Member failed to follow a physician's order for constant observation, failed to document his checks, and delayed initiating a Code Blue and CPR when the client was found unresponsive.

The client subsequently died.

The Member admitted to the allegations of professional misconduct.

The Discipline Committee accepted a joint submission on penalty, ordering a reprimand, a two-month suspension, and remedial terms including meetings with a nursing expert and employer notification.

The member was found to have committed professional misconduct relating to the emotional and physical abuse of a vulnerable client.

Following the findings, the College and the member presented a joint submission on penalty.

The Discipline Committee accepted the joint submission, ordering a three-month suspension of the member's certificate of registration, an oral reprimand, and terms including meetings with a nursing expert and employer notification.

The panel found the penalty addressed specific and general deterrence, remediation, and public protection, and fell within the range of reasonable outcomes for similar misconduct.

The Discipline Committee held a penalty hearing after finding the member nurse committed professional misconduct by sexually abusing a client.

The College sought mandatory revocation of the member's certificate of registration, a reprimand, and reimbursement for the client's therapy.

The member requested that the mandatory revocation be suspended pending his appeal.

The panel ordered immediate revocation, a reprimand, and up to $5,000 in reimbursement for therapy.

While acknowledging its jurisdiction to suspend a mandatory revocation, the panel declined to do so given the predatory nature of the abuse and the absence of extraordinary circumstances.

The College of Nurses of Ontario brought professional misconduct allegations against a registered practical nurse for failing to complete a Specified Continuing Education or Remediation Program (SCERP) as ordered by the Inquiries, Complaints and Reports Committee.

The member did not attend the hearing.

The Discipline Committee found that the member was aware of the order and failed to complete it, which constituted professional misconduct and dishonourable conduct.

The member's certificate of registration was suspended for four months, and she was ordered to complete the SCERP requirements and notify future employers of the decision.

The Member, a registered nurse, pled guilty to assault and subsequently submitted a self-reporting form to the College falsely describing the offence as a 'bar fight'.

The Discipline Committee found the Member committed professional misconduct.

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

The College of Nurses of Ontario alleged that the Member, a registered nurse, sexually abused a client and breached standards of practice during a night shift.

The allegations included directing the client to expose her breasts, exposing her vaginal area during a bladder scan, and inappropriately touching her genitals during a catheterization.

The Discipline Committee dismissed all allegations, finding the client's testimony to be highly unreliable, inconsistent, and likely the result of misremembered or misinterpreted events due to her altered emotional state and medications.

The College failed to meet its burden of proof on a balance of probabilities.

The College of Nurses of Ontario alleged that the Member, acting as a charge nurse, committed professional misconduct by failing to properly investigate and report a client's allegation of sexual abuse against another nurse.

The client had complained to a bedside nurse about the care provided by a male nurse during a catheterization.

The bedside nurse reported the complaint to the Member as an issue of nursing care and client discomfort with a male nurse, without mentioning 'inappropriate touching'.

The Member relied on the bedside nurse's assessment and ensured the male nurse was reassigned.

The Discipline Committee found that the Member acted reasonably based on the information provided to her and dismissed all allegations of professional misconduct, breach of standards, and failure to report.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for professional misconduct relating to her care of a palliative client.

The panel found that the nurse emotionally abused the client's family through rude and condescending communication, administered a saline bolus and Dilaudid without proper physician orders, and failed to appropriately monitor the client.

The nurse's conduct was deemed unprofessional, disgraceful, and dishonourable.

The panel ordered a reprimand, a six-month suspension, and imposed terms and conditions on her certificate of registration.

Following a finding of professional misconduct for sexually harassing four coworkers, the Discipline Committee held a penalty hearing for the Member.

The College sought a five-month suspension, reprimand, and conditions, while the Member argued for no suspension or a short 30-day suspension, citing mitigating factors and character evidence.

The Committee ordered a reprimand, a five-month suspension, two meetings with a nursing expert, and 18 months of employer notification.

The Committee emphasized the seriousness of the conduct, the Member's lack of remorse, and the need for specific and general deterrence.

The College of Nurses of Ontario brought allegations of professional misconduct against the Member for failing to comply with two previous orders of the Discipline Committee.

The Member did not attend the hearing.

The Discipline Committee found that the Member committed professional misconduct by repeatedly disregarding the regulatory process and failing to complete ordered remedial activities.

Concluding that the Member was ungovernable and posed a risk to public safety, the Committee ordered the immediate revocation of her certificate of registration.

The College of Nurses of Ontario alleged that the Member, a Registered Nurse, committed professional misconduct by elbowing an elderly, combative client in the face.

The allegations rested primarily on the testimony of a Personal Support Worker who claimed to have witnessed the incident.

The Discipline Committee assessed the credibility of the witnesses and preferred the evidence of the Member, finding the PSW's testimony inconsistent and the mechanics of the alleged strike physically improbable.

The panel concluded that the College failed to prove the allegations on a balance of probabilities and dismissed all charges.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for sexually abusing a vulnerable, intoxicated client in the emergency department.

The client alleged the nurse placed the client's hand on his penis and masturbated while the client was incapacitated.

The panel found the client's testimony highly credible and corroborated by security video footage, which contradicted the nurse's alternative explanation.

The panel concluded the nurse committed professional misconduct, including sexual, physical, and emotional abuse, and engaged in disgraceful, dishonourable, and unprofessional conduct.

The Member, a Registered Practical Nurse, faced allegations of sexually harassing five co-workers at a long-term care facility.

The Discipline Committee found that the Member engaged in professional misconduct by sexually harassing four of the five co-workers through unwanted physical contact, inappropriate comments, and asking a co-worker on a date after she declined.

The Committee concluded that the Member's actions constituted disgraceful, dishonourable, and unprofessional conduct.

The allegation regarding the fifth co-worker was dismissed due to insufficient evidence.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for misappropriating funds from residents, making unauthorized purchases on a facility credit card, and taking money from a petty cash trust account.

The Member did not attend the hearing.

The Discipline Committee found the allegations proven based on witness testimony and the Member's prior criminal convictions for theft and fraud related to the same conduct.

The Committee concluded the Member's actions constituted professional misconduct that was disgraceful, dishonourable, and unprofessional, and ordered the immediate revocation of her certificate of registration.

The College of Nurses of Ontario brought allegations of professional misconduct against a Registered Practical Nurse for numerous medication administration and documentation errors, as well as sexual harassment of a co-worker.

The member admitted to the medication and documentation errors but denied the sexual harassment.

The Discipline Committee found the practice-related allegations proven based on an Agreed Statement of Facts.

However, the Committee dismissed the sexual harassment allegations, finding the evidence of the complainant and the member equally credible and therefore insufficient to meet the burden of proof.

The member was penalized with a reprimand, a three-month suspension, and terms and conditions on his certificate of registration, including employer notification.

Following a merits decision finding that Coventree Inc. and its senior officers, Geoffrey Cornish and Dean Tai, failed to disclose material changes in breach of the Securities Act, the Ontario Securities Commission held a hearing to determine sanctions and costs.

The Commission emphasized the fundamental importance of timely disclosure to the integrity of capital markets.

While noting mitigating factors such as the respondents' lack of intent to mislead and their cooperation with Staff, the Commission imposed significant administrative penalties to achieve specific and general deterrence.

Coventree was ordered to pay a $1 million penalty and $250,000 in costs, while Cornish and Tai were each ordered to pay a $500,000 penalty and were prohibited from acting as directors or officers of a reporting issuer for one year.

The College of Nurses of Ontario brought discipline proceedings against the Member for multiple incidents of failing to monitor patients, failing to document, and failing to communicate patient deterioration.

Despite extensive orientation and practice reviews, the Member's basic nursing skills remained deficient.

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

The Committee ordered an oral reprimand and the revocation of the Member's certificate of registration.

CI Financial Corp. applied for a hearing and review of decisions by the Toronto Stock Exchange (TSX) requiring CI to submit a resolution ratifying the continuation of its Shareholder Rights Plan to a two-tiered vote of all shareholders and independent shareholders.

CI argued the TSX lacked jurisdiction to impose conditions on the mid-term vote.

The Ontario Securities Commission found that the mid-term ratification was not a 'transaction' involving the issuance or potential issuance of securities under the TSX Manual.

Therefore, the TSX lacked jurisdiction to impose conditions on the vote.

The TSX decisions were set aside, allowing only independent shareholders to vote on the plan's continuation.

The appellant, former Chief Financial Officer of the respondent corporation, appealed the dismissal of his application for a change of control payment.

The agreement entitled him to a payment if he ceased to be an officer 'within six months of the date on which control of the Corporation changes'.

The application judge held this required termination to occur after the change of control.

The Court of Appeal reversed, holding that the plain language and commercial purpose of the agreement applied as long as the termination and change of control occurred within six months of each other, regardless of which came first.

The appeal was allowed and the payment ordered.