Emily Lawrence

The decision addresses motions regarding the appointment of representative counsel for current and former employees and retirees of Hudson’s Bay Company ULC and related entities in ongoing Companies’ Creditors Arrangement Act (CCAA) proceedings.

The Court declined to appoint any of the nominated law firms as representative counsel at this stage, instead appointing the Honourable Herman Wilton-Siegel as an independent third party to evaluate proposals and make a recommendation.

The Court also approved amendments to the Sale and Investment Solicitation Process (SISP) to remove the company’s art and artifact collection from the SISP and to appoint Heffel Gallery Limited to conduct a separate auction for the collection, subject to further court approval of procedures.

The reasons review the legal framework for appointing representative counsel and the importance of balancing stakeholder interests in complex insolvency proceedings.

This endorsement grants a brief adjournment in the Companies’ Creditors Arrangement Act (CCAA) proceedings involving Hudson’s Bay Company ULC and related entities, following ongoing discussions between the applicants and stakeholders.

The court extends the stay of proceedings, increases the Directors’ Charge, amends the relative priorities of charges, and approves the engagement of Reflect Advisors, LLC as financial advisor.

The court finds the requested relief appropriate, unopposed, and supported by the Monitor, and orders the requested amendments to the Initial Order.

The College of Nurses of Ontario brought a motion requesting the Discipline Committee state a case for contempt to the Divisional Court against the self-represented Member.

The College alleged the Member breached multiple tribunal orders prohibiting contact with expected witnesses.

The Panel found a prima facie case of civil contempt, concluding the Member intentionally contacted witnesses via phone and email despite clear written orders not to do so.

The Panel exercised its discretion to state a case for contempt to the Divisional Court, emphasizing the need to protect witnesses from harassment and maintain the integrity of the regulatory proceedings.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse who failed to return a laptop, headset, and backpack to the Regional Municipality of York after her employment contract ended.

Despite 58 requests over several months, the member did not return the equipment.

The Discipline Committee accepted an Agreed Statement of Facts and found the member committed professional misconduct by misappropriating property and engaging in dishonourable and unprofessional conduct.

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

The member, a registered nurse, faced allegations of professional misconduct including failing to report to an understaffed unit, acting unprofessionally towards colleagues, taking extended breaks, and taking a photograph of a vulnerable patient's face without clinical purpose and sharing it with colleagues.

The member admitted to the allegations.

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

The panel accepted a joint submission on penalty, ordering a reprimand, a 3-month suspension, meetings with a regulatory expert, and 12 months of employer notification.

The Member, a registered nurse, faced allegations of professional misconduct for kicking and throwing a knapsack at an intoxicated patient in the emergency department.

The matter proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found the Member guilty of physical and emotional abuse, as well as disgraceful, dishonourable, and unprofessional conduct.

The Committee accepted the joint submission on penalty, ordering an oral reprimand, a 4-month suspension of the Member's certificate of registration, and terms including meetings with a regulatory expert and employer notification.

The Member, a registered nurse, faced allegations of professional misconduct relating to her care of five palliative patients at a long-term care facility.

The College alleged she failed to meet standards of practice regarding medication administration and documentation, including administering medication more frequently than ordered and failing to document assessments and rationales.

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

The Discipline Committee found the Member committed professional misconduct and accepted a Joint Submission on Order, imposing a reprimand, a two-month suspension, and terms, conditions, and limitations on her certificate of registration.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct relating to improper technique and failing to maintain professional boundaries during catheterization procedures.

The Member admitted to asking a patient if she could feel anything without clinical purpose, addressing her as 'my lady', and touching her thigh, which caused the patient to feel uncomfortable and unsafe.

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

A Joint Submission on Order was accepted, resulting in a reprimand, a two-month suspension, 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 multiple incidents of inappropriate and unwanted physical contact with colleagues and a nursing student.

The member admitted to the allegations, acknowledging his conduct was unprofessional and dishonourable.

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

Pursuant to a Joint Submission on Order, the Committee ordered an oral reprimand, noting the member had already signed an undertaking to permanently resign his certificate of registration and never reapply.

The Member, a registered nurse, faced allegations of professional misconduct for inappropriate interactions with colleagues, including discussing his sex life, and failing to maintain boundaries with patients and their families, including providing his phone number to a patient, purchasing a blanket from a patient's daughter, and engaging in a personal relationship with a patient's daughter.

The Member admitted to the majority of the allegations.

The Discipline Committee found the Member committed professional misconduct and accepted a joint submission on penalty, ordering a reprimand, a 3-month suspension, meetings with a Regulatory Expert, and 18 months of employer notification.

The College of Nurses of Ontario brought disciplinary proceedings against a registered practical nurse for egregious boundary violations, misappropriation of medication, and practising while suspended.

The nurse moved into the homes of two palliative patients' families, fabricated elaborate stories about her personal life, accepted a $15,000 gift, and misappropriated controlled substances.

The Discipline Committee found the nurse committed professional misconduct, characterizing her behaviour as predatory, dishonourable, and disgraceful.

The Committee revoked her certificate of registration, ordered an oral reprimand, and imposed a $15,000 fine to deprive her of the financial benefit of her misconduct.

The Member, a registered nurse in a neonatal intensive care unit, faced allegations of professional misconduct including roughly handling infants, making inappropriate and culturally insensitive comments to parents, and falsifying a patient's medical record.

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

The Discipline Committee found that the Member committed professional misconduct, breaching several standards of practice.

Pursuant to a Joint Submission on Order, and noting the Member's undertaking to permanently resign from the College, the Committee ordered the Member to appear for an oral reprimand.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct including sexual abuse of a patient, failing to maintain professional boundaries, and unauthorized disclosure of personal health information.

The Member admitted to the allegations, acknowledging a sexual relationship with a vulnerable patient immediately following their discharge, and sharing another patient's confidential information.

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

The Member's certificate of registration was revoked, and she was ordered to receive an oral reprimand and reimburse the College up to $5,000 for patient counselling.

The College of Nurses of Ontario brought discipline proceedings against the Member, a Registered Practical Nurse, alleging professional misconduct including sexual abuse and boundary violations.

The Member, while employed at a recovery centre, entered into a secretive romantic relationship with a highly vulnerable patient suffering from PTSD and an acquired brain injury.

The patient subsequently discharged himself against medical advice to live with the Member.

The Discipline Committee found that the Member committed professional misconduct by sexually abusing the patient through touching and kissing, and by engaging in disgraceful, dishonourable, and unprofessional conduct.

The Committee revoked the Member's certificate of registration and ordered an oral reprimand, emphasizing the absolute responsibility of nurses to maintain professional boundaries and protect patients from harm.

The College of Nurses of Ontario brought disciplinary proceedings against a registered practical nurse for failing to send a patient to the hospital for catheter reinsertion and failing to report a colleague who smelled of alcohol while on shift.

The matter proceeded by way of an Agreed Statement of Facts and a Joint Submission on Order.

The Discipline Committee found that the nurse committed professional misconduct and engaged in unprofessional conduct.

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

The applicant brought a motion under s. 21(5) of the Courts of Justice Act to set aside a decision quashing her application for judicial review against the Healthcare of Ontario Pension Plan (HOOPP).

The applicant sought survivor benefits following the death of a plan member.

The Divisional Court dismissed the motion, upholding the finding that HOOPP is a private pension plan not exercising a statutory power or state authority, and therefore its decisions are not subject to judicial review.

The court also found no error in the motion judge's discretionary decision not to apply issue estoppel or in the costs award.

The Member, a registered nurse, faced allegations of professional misconduct following the death of a patient.

The Member admitted to failing to properly assess the patient, failing to properly administer medication, failing to complete vital signs checks and visual observations, and falsifying records to indicate she had observed the patient breathing and coherent when she had not.

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

The Member was reprimanded, her certificate of registration was suspended for three months, and terms and conditions were imposed on her practice.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for failing to appropriately de-escalate a patient in a mental health unit, using improper physical restraint techniques, and physically abusing the patient.

The Member admitted to the allegations, acknowledging that he placed his knee on the patient's back and tapped the patient's head while the patient was restrained on the floor.

The Discipline Committee found the Member guilty of professional misconduct.

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

The moving party, HOOPP, brought a motion to quash an application for judicial review brought by the responding party.

The responding party sought survivor benefits from HOOPP following the death of her niece, but HOOPP determined the benefits were payable to the deceased's common law spouse.

The responding party sought judicial review of this decision.

HOOPP argued the Divisional Court lacked jurisdiction because HOOPP is a private pension plan, not a public body, and its decisions are not subject to public law remedies.

The court agreed, finding that HOOPP was not exercising a statutory power and its decisions were not of a public character.

The motion to quash was granted.

The College of Nurses of Ontario brought disciplinary proceedings against the Member for professional misconduct.

The Member submitted falsified resumes, altered police reference checks, and forged academic credentials to multiple healthcare facilities, holding herself out as another nurse with a similar name.

The Discipline Committee found the allegations proven, concluding the Member's actions were disgraceful, dishonourable, and unprofessional.

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