7 total
Judicial review dismissed; College of Nurses reasonably ordered independent medical examination for nurse with admitted addiction.
The applicant, a registered nurse, was found unconscious at work after using narcotics misappropriated from the hospital.
He admitted to a drug addiction.
The College of Nurses of Ontario's Inquiries, Complaints and Reports Committee (ICRC) ordered him to undergo an independent medical examination.
The applicant sought judicial review, arguing that a report from his treating addiction specialist was sufficient and that the order violated his Charter rights.
The Divisional Court dismissed the application, holding that the ICRC's statutory requirement to find 'reasonable and probable grounds' before ordering an examination adequately balances Charter values, and that a treating physician's report does not substitute for an independent medical examination.
Application for judicial review dismissed; College investigator lawfully obtained nurse's occupational health records without consent.
The applicant nurse sought judicial review of the College of Nurses' acquisition of her occupational health and safety records from her former employer without her consent.
The employer had terminated the applicant for cause and reported incidents of professional misconduct to the College.
The Divisional Court dismissed the application, finding that while the records constituted personal health information under the Personal Health Information Protection Act, the Act expressly permitted their disclosure to the College for regulatory purposes.
Furthermore, the College's investigator had broad statutory authority under the Health Professions Procedural Code to request and examine the records.
Nurse suspended for three months for falsely claiming to hold doctoral and master's degrees.
The Member, a registered nurse, admitted to professional misconduct for falsely claiming to hold a Doctor of Education, Master of Science, and Doctor of Nursing Science over a four-year period.
These false credentials led to promotions within her hospital employer.
The Discipline Committee accepted the Agreed Statement of Facts and found the Member committed professional misconduct.
The panel ordered an oral reprimand, a three-month suspension, and a requirement that the Member notify any employer of the penalty decision for a period of one year upon resuming practice.
Employer's request to delay paying undisputed wages pending civil litigation set-off dismissed under ESA.
The employer applied to review an Employment Standards Officer's Order to Pay for unpaid wages owed to a former employee.
The employer did not dispute the wages were owed but requested the proceedings be adjourned or the funds held in trust until related civil litigation involving the parties was resolved, arguing for a potential set-off.
The Board dismissed the application, finding that section 8 of the Employment Standards Act strictly prohibits employers from claiming a set-off against wages.
The Board held there was no legal basis to delay payment to the employee while awaiting the outcome of separate civil proceedings.
Motion to stay action for arbitration dismissed as dispute arose from pre-contractual training relationship.
The plaintiff attended a mandatory training program to become a licensed sales representative for the defendant.
After completing the program, she signed a contract containing an arbitration clause.
She later brought a proposed class action claiming the defendant failed to pay minimum wage during the training period under the Employment Standards Act.
The defendant moved to stay the action under s. 7(1) of the Arbitration Act, 1991.
The Court of Appeal upheld the motion judge's dismissal of the stay, finding that the arbitration clause applied only to disputes arising from the relationship created by the contract, not the pre-contractual training relationship.
Nurse reprimanded for professional misconduct after failing to provide care to home care clients.
The Member, a registered practical nurse, faced allegations of professional misconduct for failing to provide care to home care clients and failing to communicate accurately with her employer about missed visits.
The Member admitted to the allegations through an Agreed Statement of Facts.
The Discipline Committee found the Member committed professional misconduct and accepted a joint submission on penalty, ordering a reprimand and an undertaking for the Member to complete remedial education and practice monitoring.
Refusal of arbitral stay was a final order and appeal could proceed.
On a motion to quash an appeal, the moving party argued that a refusal to stay a class proceeding under the Arbitration Act, 1991 was unappealable under s. 7(6) and, in any event, interlocutory.
The court held that where the motions judge determined the arbitration agreement did not govern the dispute, the matter fell outside s. 7 and the statutory appeal bar did not apply.
The court further held that an order refusing a stay pending arbitration was final because it conclusively determined the forum and deprived the responding party of the substantive right to resolve the dispute by negotiation and arbitration.
The motion to quash was dismissed with costs.
