2 total
Statutory injunction granted against non-member for unauthorized use of psychologist title and performing controlled acts.
The applicant College brought an application for a declaration that the respondent contravened the Psychology and Applied Behaviour Analysis Act, 2021 and the Regulated Health Professions Act, 1991, and for a statutory injunction requiring compliance.
The respondent, who was not a member of the College, advertised herself as a psychologist with a doctorate, offered psychotherapy, and performed controlled acts.
The respondent did not appear.
The Court found clear breaches of the legislation and granted the statutory injunction to protect the public interest.
Appeal dismissed; application judge's findings that employment agreements were not oppressive entitled to deference.
The appellants appealed the dismissal of their application seeking to set aside employment agreements between the respondent corporation and an employee, alleging the agreements were oppressive and breached a family law undertaking.
They also appealed the refusal to remove the respondent as a trustee.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the application judge's factual findings that the undertaking had expired, the negotiations were not secretive, and the agreements were beneficial to the corporation.
The court also found no basis to interfere with the discretionary decision not to remove the trustee.
