Lisa Brownstone

Dr. Thirlwell, a psychiatrist, sought a stay of a Divisional Court order that upheld an interim order by the College of Physicians and Surgeons of Ontario (CPSO).

The ICRC's interim order imposed terms on Thirlwell's registration, including a prohibition on issuing vaccine exemptions and a requirement to consent to OHIP inquiries, due to concerns about her providing improper medical exemption letters for cash.

The Divisional Court dismissed Thirlwell's judicial review application, finding the OHIP term reasonable for patient protection.

Thirlwell moved for a stay of the Divisional Court order pending her motion for leave to appeal to the Court of Appeal.

The Court of Appeal denied the stay, finding no serious question to be tried and that the public interest in patient safety and confidence in the College's disciplinary system outweighed Thirlwell's personal interests.

The College of Physicians and Surgeons brought a motion to settle an order flowing from previous reasons for judgment and to vary its terms due to the COVID-19 pandemic.

The motion addressed the wording of the order regarding the handling of Patient A's medical file, specifically the inclusion of a caveat allowing transfer of records "to the extent necessary for the College to carry out its regulatory functions." The court found the College's proposed wording, though an addition, accurately captured the implicit logic of the prior reasons.

Additionally, due to public health concerns, the court varied the order to allow the College's investigator, Greg Hutchinson, to be the repository for Patient A's file instead of SJO's counsel, and permitted the investigator to share materials with the College's expert, Dr. Sian Rawkins.

The court also clarified that newly discovered emails from SJO's hospital account were part of the file covered by the ruling and that the restrictions on file handling did not apply past the investigation stage.

An amended Reasons for Judgment was also ordered to address privacy concerns.

The College of Physicians and Surgeons initiated an investigation into a psychiatrist, SJO, concerning boundary violations and the receipt of confidential information from a patient (Patient A), who was a former College employee.

SJO resisted producing Patient A's medical records, arguing patient-psychiatrist privilege and a conflict of interest for the College due to parallel investigations.

The court dismissed SJO's application for an injunction, holding that the College's statutory investigatory powers under the Regulated Health Professions Act and Health Professions Procedural Code override common law claims of privilege and patient confidentiality in this regulatory context.

The court ordered SJO to produce the patient's medical records and communications to an external investigator, with strict confidentiality protocols to limit College staff access.

Appeal of a Divisional Court decision upholding College of Physicians and Surgeons of Ontario policies requiring physicians who object to providing certain medical procedures on religious grounds to provide effective referrals to non-objecting providers.

The appellants, individual physicians and physician organizations, challenged the policies as violating their freedom of conscience and religion under the Canadian Charter of Rights and Freedoms and their equality rights.

The Court of Appeal dismissed the appeal, finding that while the policies infringe freedom of religion, the infringement is justified under s. 1 of the Charter as a reasonable limit demonstrably justified in a free and democratic society.

The court emphasized the importance of equitable patient access to health care services, particularly for vulnerable populations, and the role of family physicians as gatekeepers in the health care system.