Megan E. Shortreed

The plaintiff, CryptoStar Corp., sought an interim order for the preservation of specific funds (Upfront Payments) or assets purchased with them, and a declaration of interest in property to facilitate a Certificate of Pending Litigation (CPL) in Alberta.

The court dismissed the motion, finding that the Upfront Payments did not constitute a "specific fund" under Rule 45.02 as they were co-mingled and not contractually segregated.

The court also found no serious issue to be tried regarding the refund claim under the Agreement's terms and no basis for a CPL as the plaintiff failed to establish an interest in land.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct including sexual abuse of a vulnerable mental health patient, failing to maintain therapeutic boundaries, and failing to cooperate with a College investigation by coaching the patient during an interview.

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

The Discipline Committee found the Member committed the alleged acts of professional misconduct.

Accepting a Joint Submission on Order, the Committee directed the immediate revocation of the Member's certificate of registration, ordered an oral reprimand, and required the Member to reimburse the College up to $5,000 for patient therapy funding.

The moving party, the College of Nurses of Ontario, brought a motion to introduce further evidence on an appeal to address the appellant's allegation of a denial of procedural fairness.

The appellant brought a cross-motion to adduce responding evidence.

The single judge of the Divisional Court held that pursuant to s. 134(4)(b) of the Courts of Justice Act and Rule 61.16(2), a motion to admit further evidence on appeal must be made to the panel hearing the appeal.

Accordingly, the single judge lacked jurisdiction and adjourned the motion and cross-motion to be heard by the appeal panel.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for professional misconduct, alleging sexual abuse and boundary violations involving a vulnerable psychiatric patient in 1994.

The nurse admitted to the allegations, including engaging in a sexual relationship with the patient and allowing the patient to redact his medical record.

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

The Committee found the nurse committed professional misconduct and ordered an oral reprimand and the immediate revocation of her certificate of registration.

In a professional discipline hearing, the member admitted multiple acts of misconduct arising from opioid prescribing to several patients over a prolonged period.

The panel found the admissions and agreed facts established failures to document diagnosis and justification, excessive quantities and frequency of opioid prescriptions, inadequate charting, and a lack of professional judgment, particularly concerning one patient.

The panel accepted a joint submission on penalty, emphasizing public protection, general and specific deterrence, and remediation.

The member received a four-month suspension, a permanent restriction on prescribing narcotic and controlled drugs, mandatory courses, practice monitoring, and costs.

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

The Member had been criminally convicted of assaulting 11 patients, many of whom were minors, by conducting improper physical examinations.

He also breached a court recognizance and a written undertaking with the College by conducting an unsupervised physical examination of a 19-year-old male.

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

Given the severity of the misconduct, the Member's lack of participation, and his ungovernability, the Committee ordered an oral reprimand and the immediate revocation of his certificate of registration.

The Member, a registered nurse, admitted to professional misconduct for engaging in a personal, romantic, and sexual relationship with a vulnerable patient from a supervised consumption site shortly after the therapeutic relationship ended.

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

The Member was reprimanded, her certificate of registration was suspended for 6 months, and terms, conditions, and limitations were imposed.

In a professional discipline hearing, the member admitted misconduct involving deficient recordkeeping, falsified patient records, false or misleading insurance claims and billings, inflated laboratory charges, and unjustified repeat hygiene treatment.

The panel found the admitted conduct constituted professional misconduct under the governing health professions legislation and dentistry regulations, and emphasized that falsifying records and inaccurate billings are incompatible with professional standards.

Applying the public-interest approach to a joint penalty submission, the panel accepted a proposed sanction consisting of a six-month suspension, reprimand, extensive terms and conditions, practice monitoring, remedial courses, and costs.

The decision also maintained a publication restriction protecting patient identities.

The defendant brought a motion to compel the plaintiff to answer questions refused during her examination for discovery in a wrongful dismissal and whistleblower retaliation action.

The questions sought the identities of confidential informants who provided the plaintiff with information about her termination and an internal investigation.

The court upheld the plaintiff's refusals regarding her termination, finding the identities irrelevant.

However, the court ordered the plaintiff to disclose the source of her information regarding the HR director's presentation, as the communication did not meet the Wigmore criteria for common law privilege.

The Member faced allegations of professional misconduct for accessing the personal health information of 11 patients without consent or proper authorization, and for impersonating a family member in a voicemail to the hospital to excuse the unauthorized access.

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

The Discipline Committee found the Member committed professional misconduct, characterizing her actions as disgraceful, dishonourable, and unprofessional.

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

The Member, a Registered Practical Nurse, faced allegations of professional misconduct for taking and sharing photos and videos of clients in vulnerable states on Snapchat, and for falsifying her employment history on a resume to conceal her termination for this conduct.

The Discipline Committee found the Member committed professional misconduct, including emotional abuse and dishonourable conduct.

The Committee accepted a joint submission on penalty, ordering a 5-month suspension, an oral reprimand, and terms including meetings with a regulatory expert and employer notification for 18 months.

The Member was found to have committed professional misconduct, including sexual abuse of a patient by touching the patient's genitals without clinical purpose.

The Discipline Committee ordered the mandatory revocation of the Member's certificate of registration, an oral reprimand, and reimbursement of up to $5,000 for the patient's therapy.

The Committee also ordered the Member to pay $135,000 in costs, representing a portion of the College's hearing expenses, noting the serious nature of the misconduct and the Member's actions that prolonged the proceedings.

The Estate Trustees of Allen Berg's estate sought court direction to determine the beneficial ownership of a cottage property.

Legal title was held by Melamel Properties Inc., whose shares were owned by the estate.

Judith Berg, the deceased's widow, claimed the entire beneficial interest or a 50% interest.

The court found that the deceased had created an express trust, holding the property for himself and Judith Berg as equal tenants in common.

The deceased's subsequent attempt to transfer the property solely to Melamel Properties Inc. for his exclusive benefit was deemed ineffective due to misstatements and breach of fiduciary duty, as Judith Berg's beneficial interest could not be unilaterally divested.

The court vested an undivided one-half interest in Judith Berg personally and an undivided one-half interest in the Estate of Allen Berg as tenants in common.

The appellant nurse appealed a Discipline Committee decision finding her guilty of professional misconduct for failing to comply with an order to complete a remediation program.

She argued she was denied natural justice because she could not challenge the underlying allegations.

The College cross-appealed, arguing the conduct should have been found 'dishonourable' and a longer suspension imposed.

The Divisional Court dismissed both the appeal and cross-appeal, holding that the appellant could not collaterally attack the underlying order, and that the Discipline Committee's findings on misconduct and the two-month suspension were reasonable.

The College of Nurses of Ontario brought professional misconduct allegations against a registered nurse for sexually harassing a co-worker over several months, culminating in unwanted physical contact.

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

The Discipline Committee found the member committed professional misconduct by contravening standards of practice and engaging in disgraceful, dishonourable, and unprofessional conduct.

The Committee accepted the joint submission, ordering a reprimand, a three-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 failing to maintain therapeutic boundaries with a client and failing to report that a colleague had engaged in sexual intercourse with the client.

The Member admitted to the allegations and an Agreed Statement of Facts was presented.

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

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

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for alleged sexual abuse and professional misconduct.

The allegations involved inappropriate touching of a patient's genitals during a urine sample collection in an emergency department, and inappropriately inviting the patient for a drink.

The Discipline Committee found that the physical sexual abuse occurred, constituting professional misconduct and a breach of therapeutic boundaries.

The Committee concluded the conduct was disgraceful, dishonourable, and unprofessional.

The allegation regarding the verbal invitation for a drink was dismissed as the College failed to meet its burden of proof.

The Member, a Registered Nurse, appeared before the Discipline Committee on allegations of professional misconduct.

While working as a Charge Nurse, the Member became aware that a fellow nurse had engaged in sexual intercourse with a patient but failed to report the abuse to the Hospital or the College.

Furthermore, the Member failed to revise the patient assignment the following night, allowing the abuser to continue caring for the patient.

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

The 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 Nurse and Director of Care at a long-term care facility, faced allegations of professional misconduct for failing to immediately report suspected client abuse to the Ministry of Health and Long-Term Care.

After being informed of video evidence showing Personal Support Workers abusing a client, the Member delayed reporting the incident for over two months and failed to take immediate steps to protect other clients.

The Member admitted to the allegations.

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

The Member was reprimanded, received a two-month suspension, and was ordered to complete remedial education and meetings with a nursing expert.

The College of Nurses of Ontario brought allegations of professional misconduct against the respondent nurse for failing to report multiple criminal charges and a criminal conviction.

The respondent did not attend the hearing.

The Discipline Committee found that the respondent committed professional misconduct by breaching her mandatory reporting obligations, which constituted disgraceful, dishonourable, and unprofessional conduct.

The Committee ordered the immediate revocation of the respondent's certificate of registration.