Denise M. Cooney

The applicant sought a permanent injunction to restrain the respondent from breaching negative covenants in their long-term Royalty Agreement governing a collision repair shop network.

The respondent, which operated 65 shops under the applicant's brand, gave notice of its intention to unilaterally leave the relationship and rebrand its shops, openly acknowledging this would constitute a breach of contract.

The respondent argued damages would be an adequate remedy, invoking the concept of efficient breach.

The court rejected this argument, finding the damages were too complex, multi-layered, and potentially incalculable over the remaining 19-year term to make monetary compensation adequate.

The court granted the permanent injunction enforcing the negative covenants and awarded costs of $185,000 to the applicant.

The appellant appealed a discipline decision of the College of Nurses of Ontario, which arose from an agreed statement of fact, plea, and joint submission on penalty.

The appellant brought a motion to admit fresh evidence, alleging that a panel member was asleep during the hearing.

The Divisional Court dismissed the motion, finding the proposed evidence was not sufficiently cogent and partly inadmissible hearsay.

As there were no other grounds for the appeal, the appeal was dismissed with no order as to costs.

The Member, a Registered Nurse, faced allegations of professional misconduct related to her practice at two cosmetic clinics.

She admitted to performing controlled acts (administering substances by injection and PDO threading) without an authorizing mechanism, using products not licensed by Health Canada, failing to obtain informed consent, and maintaining inadequate documentation.

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 reprimand, a 7-month suspension, and various terms, conditions, and limitations on her certificate of registration, including education, audits, and practice restrictions.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for falsifying COVID-19 vaccination records while working at a mass immunization clinic.

The Member admitted to documenting that vaccines were administered to at least 16 patients when no vaccines were actually given, and falsely attributing the administrations to other nurses.

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

The Committee accepted a joint submission on penalty, ordering a five-month suspension, an oral reprimand, and terms requiring meetings with a regulatory expert and employer notification.

The appellant, a Registered Practical Nurse, appealed a decision of the Discipline Committee finding she committed professional misconduct by submitting false insurance claims to her employer's benefits plan.

The Committee had ordered a six-month suspension and other penalties.

On appeal, the appellant brought a motion to adduce fresh evidence, which the Divisional Court dismissed as the evidence could have been adduced at the hearing and constituted a collateral attack.

The Court dismissed the appeal, finding no palpable and overriding errors in the Committee's factual and credibility findings, and held the penalty was not clearly unfit.

The applicant, Vivian Dubrofsky, sought interim injunctive relief under section 248(3) of the Business Corporations Act (Ontario) to restrain her mother, Maryka Weisz, from withdrawing funds from Art Tile Limited except for ordinary course expenses, pending final disposition.

The court dismissed the motion, finding that while there was a serious issue to be tried and the applicant met the evidentiary threshold, she failed to establish irreparable harm.

The court ordered that the Westmore Property not be encumbered and that certain trust funds remain in trust, but otherwise dismissed the requested relief.

The moving party brought a motion for directions regarding the responding party's failure to comply with previous court orders requiring the production of documents and attendance at an examination in aid of execution.

The court found that the contemnor, the sole director of the responding corporate debtor, had not purged his civil contempt as he failed to produce several important categories of documents.

As a sanction, the court ordered the contemnor to pay the full judgment amount of $424,769.22 into court, make a charitable donation, and pay full indemnity costs, failing which he would be deemed to have discontinued a related action against the moving party.

The Licensed Insolvency Trustee of the Estate of the late Robert Simpson, a convicted child sexual abuser, moved for a court order to impose a claims bar date for the filing of Proofs of Claim.

The Trustee sought this to bring certainty to the Estate's liabilities and facilitate distributions to existing creditors, primarily the victims.

The court, while acknowledging the Trustee's efforts and the deserving nature of the claimants, declined to grant the order based on its inherent jurisdiction.

The court found that the Bankruptcy and Insolvency Act (BIA) provides a comprehensive statutory framework (sections 148-154) for managing dividends and claims, which substantially achieves the Trustee's objectives.

The court directed the Trustee to proceed under these BIA provisions, ensuring notice to potential claimants and allowing for timely distribution to known creditors, while clarifying that late claims would not be extinguished but would be limited to any remaining funds without disturbing prior distributions.

The Member, a Registered Nurse, admitted to committing professional misconduct by submitting three false claims totaling $168 for massage therapy to her employer's benefit plan.

The Discipline Committee accepted an Agreed Statement of Facts and found the Member guilty of professional misconduct, including misappropriating property, falsifying records, and engaging in dishonourable and unprofessional conduct.

The Committee accepted a Joint Submission on Order, imposing a reprimand, a two-month suspension, and terms including meetings with a regulatory expert and employer notification.

The Member, a Registered Practical Nurse, admitted to committing professional misconduct by submitting fraudulent claims to her employer's group benefit plan totaling at least $42,425 over an eight-year period.

The Discipline Committee found that the Member contravened standards of practice, misappropriated property, falsified records, and engaged in dishonourable and unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering an oral reprimand in light of the Member's undertaking to permanently resign from the College and never reapply.

The College of Nurses of Ontario brought allegations of professional misconduct against a registered nurse for submitting false claims to his employer's group benefit plan.

The member admitted to submitting $2,000 in false claims for medical products and splitting the proceeds with a colleague.

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 reprimand, a three-month suspension, and terms including meetings with a regulatory expert and employer notification.

The Member, a registered nurse, admitted to committing professional misconduct by submitting false claims to her employer's benefit plan for medical products and receiving non-medical products instead.

The Discipline Committee found that the Member contravened standards of practice, misappropriated property, falsified records, and engaged in dishonourable and unprofessional conduct.

The Committee accepted a joint submission on penalty, ordering an oral reprimand in light of the Member's undertaking to permanently resign from the College and never reapply.

The member, a registered nurse, admitted to committing professional misconduct by submitting $6,615 in false claims to her employer's group benefit plan between 2015 and 2017.

The Discipline Committee accepted an agreed statement of facts and found that the member contravened standards of practice, misappropriated property, falsified records, and engaged in dishonourable and unprofessional conduct.

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

The College of Nurses of Ontario brought discipline proceedings against a registered nurse for submitting $4,350 in false claims to her employer's benefit plan.

The nurse used a physician's stamp without authorization to create fraudulent prescriptions for orthopedic footwear and compression stockings.

The nurse admitted to the allegations and entered into an Agreed Statement of Facts and Joint Submission on Order.

The Discipline Committee found the nurse committed professional misconduct and ordered an oral reprimand, noting the nurse had already undertaken to permanently resign from the College.

The Member, a registered nurse, admitted to committing professional misconduct by submitting false claims totaling $2,090 to her employer's group benefit plan for orthopedic footwear and compression stockings.

The claims were supported by prescriptions created using a physician's stamp without authorization.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Order, finding the Member committed professional misconduct.

The Committee ordered a reprimand, a 4-month suspension of her certificate of registration, and imposed terms, conditions, and limitations including meetings with a regulatory expert and employer notification.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for alleged sexual abuse and boundary violations involving a vulnerable psychiatric patient.

The nurse did not attend the hearing.

The Discipline Committee found that the nurse engaged in a sexual relationship with the patient, including sexual intercourse and sending sexually explicit text messages, both during his hospitalization and shortly after discharge.

The nurse also engaged in inappropriate communications with the patient's spouse.

The Committee found the nurse committed professional misconduct, revoked her certificate of registration, ordered an oral reprimand, and required her to reimburse the College for any patient counselling funds accessed.

The applicants sought the appointment of an Inspector to investigate the management and affairs of two companies, Morris Kerbel Holdings Limited and Paladium Construction Limited, alleging oppressive and unfairly prejudicial conduct by the respondents under the Ontario Business Corporations Act.

The court dismissed the applications, finding that the applicants had not met the second and third parts of the three-part test for appointing an inspector, specifically regarding the necessity and appropriateness of such an extraordinary remedy given that information could be obtained through ordinary litigation tools like an oppression proceeding.

The court also noted concerns about the broad scope, unknown costs, and lack of company resources to fund the investigation.

The Member faced allegations of professional misconduct for submitting false claims totaling at least $12,920 to her employer's benefit plan for physiotherapy services not received.

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

The Discipline Committee found the Member committed professional misconduct, including misappropriating property, falsifying records, and engaging in dishonourable and unprofessional conduct.

Accepting a joint submission on penalty, the Committee ordered an oral reprimand, a 4-month suspension, and terms and conditions including meetings with a regulatory expert and employer notification.

The member, a registered nurse, admitted to committing professional misconduct by allowing false claims for physiotherapy services to be submitted to her employer's benefit plan, resulting in at least $11,040 being paid out.

The Discipline Committee found the member committed professional misconduct, including misappropriating property, falsifying records, and engaging in dishonourable conduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a four-month suspension of the member's certificate of registration, and terms and conditions including meetings with a regulatory expert and employer notification.

Two registered nurses sought judicial review of decisions by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Nurses of Ontario requiring them to be cautioned and, in one case, to complete a remediation program.

The applicants argued the decisions were unreasonable because the ICRC failed to address their submissions regarding inordinate delay (over four years) and abuse of process.

One applicant also argued the ICRC failed to consider her mental health disability under the Human Rights Code.

The Divisional Court granted the applications, quashed the decisions, and remitted the matters back to the ICRC, finding the decisions unreasonable because the ICRC failed to meaningfully grapple with the central issues of delay, abuse of process, and disability.