Lonny Rosen

The General Manager of OHIP sought judicial review of a decision by the Physician Payment Review Board to hold a hearing regarding the denial of a physician's billing claims.

The General Manager argued the Board lacked jurisdiction to review denials made under s. 18(3) of the Health Insurance Act.

The Divisional Court dismissed the application as premature, finding no exceptional circumstances to justify judicial intervention before the Board had fully considered the jurisdictional issue and the true basis for the claim denials.

The applicant, a child with Autism Spectrum Disorder, alleged discrimination regarding his discharge from IBI therapy provided by Kinark.

Following a preliminary hearing, the Tribunal dismissed the application against the Ministry of Children and Youth Services, finding no reasonable prospect of success for holding the funder vicariously liable.

The Tribunal ruled that historical treatment allegations were untimely for remedial purposes but could be introduced as context.

The Tribunal also held that the Independent Review Mechanism (IRM) process, which upheld the clinical discharge decision, did not appropriately deal with the substance of the human rights application under section 45.1 of the Code, as it was a clinical review rather than a legal one.

The applicant was directed to clarify the specific allegations against the IRM reviewer and coordinator.

The member, a registered nurse, pled guilty to criminal charges of possession of a weapon and assault following incidents of domestic violence against his common-law partner.

The Discipline Committee of the College of Nurses of Ontario found that these criminal convictions constituted professional misconduct, as they were relevant to his suitability to practise nursing.

The Committee accepted a joint submission on penalty, ordering a reprimand, a two-month suspension of his certificate of registration, and the imposition of terms, conditions, and limitations, including meetings with a nursing expert and employer notification.

The Member, a registered nurse, faced allegations of professional misconduct after being convicted of multiple criminal offences for possession of stolen property over $5000 between 1998 and 2003.

The Member admitted to the allegations and pled guilty to professional misconduct.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Penalty.

The Member was reprimanded, received a seven-month suspension, and had conditions placed on his certificate of registration, including completing a nursing ethics course and restrictions on handling finances.

The appellants appealed a trial judgment finding corporate breach of a distribution agreement, personal liability of a director, and awarding damages.

The Court of Appeal allowed the appeal in part, setting aside the finding of personal liability against the director as there was no evidence he acted outside his authority or for his own benefit.

The court also set aside the damages award, finding the trial judge erred in awarding mitigation costs beyond the notice period and relying on unproven financial statements.

The matter of damages and trial costs was remitted for a new trial.