John Eglinski-Brown

The applicants, parents of an Indigenous child, sought judicial review of a decision by the Health Professions Appeal and Review Board upholding the College of Physicians and Surgeons of Ontario's Inquiries, Complaints, and Reports Committee's disposition of their complaint against a physician.

The complaint alleged the physician conducted a non-consensual genital examination on the child.

The Divisional Court found the Board's decision unreasonable because it failed to adequately address the ICRC's unresponsive treatment of the consent issue, noting that clinical indication does not equate to consent and implied consent cannot override express refusal.

However, given the passage of time and the physician's remedial actions, the court declined to remit the matter for further consideration.

The applicant, a psychologist, sought judicial review of a decision by the Health Professions Appeal and Review Board (HPARB) confirming an Inquiries, Complaints and Reports Committee (ICRC) order requiring him to complete a specified continuing education and remediation program.

The applicant argued the HPARB decision was unreasonable because the ICRC failed to address his submissions regarding a significant delay in the investigation.

The Divisional Court dismissed the application, finding that while the ICRC should have addressed the delay, the HPARB reasonably considered the issue and concluded the delay did not result in an inadequate investigation or a denial of procedural fairness.