Nick Coleman

The moving party (the College) brought a motion to quash an appeal by the responding parties (the members) from an interlocutory order of the Discipline Committee.

The Discipline Committee had dismissed the members' motion for the production of additional third-party records.

The Divisional Court granted the motion to quash, finding that the statutory right of appeal only applies to final decisions, not interlocutory ones.

The court also declined the members' request to convert the appeal into an application for judicial review, noting that such an application would be premature and that the administrative process should be permitted to unfold.

The applicant brought a human rights application on behalf of the claimant, a person with an intellectual disability, alleging that the respondent union's picketing during a strike discriminated against her.

The respondent raised the issue of the claimant's mental capacity to instruct counsel and participate in the litigation, arguing a litigation guardian might be required.

The Tribunal held that under section 34(5) of the Human Rights Code, a claimant on whose behalf an application is brought does not need the capacity to make all day-to-day litigation decisions.

Rather, the claimant only needs the capacity to understand the delegation of the power to pursue the application and the decision to withdraw it.

The Tribunal directed further submissions on whether an inquiry into the claimant's capacity was necessary based on this standard.

The applicant alleged she was discriminated against on the basis of sex when she was not acclaimed as President of her Union Local after the incumbent withdrew his candidacy and suspended the election.

The Tribunal found that the election was suspended due to significant membership objections regarding improper notice, not because of the applicant's sex.

The application was dismissed for lack of evidence supporting discrimination.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for failing to complete remedial measures directed by the Quality Assurance Committee.

The Member did not attend the hearing.

The Discipline Committee found that the Member committed professional misconduct by failing to comply with the Quality Assurance Program, demonstrating ungovernability.

The Committee ordered a reprimand, a three-month suspension, and imposed terms, conditions, and limitations on the Member's certificate of registration should she seek reinstatement.

The appellant pharmacist appealed a penalty imposed by the Discipline Committee of the Ontario College of Pharmacists, which prohibited him from having a proprietary interest in a pharmacy or working at a family member's pharmacy for three years.

The appellant had pleaded guilty to 19 counts of misconduct related to fraudulent billing and falsifying records.

The Divisional Court applied the reasonableness standard of review and dismissed the appeal, finding the penalty was justified for public protection given the sustained level of dishonesty and ongoing attempts to conceal it.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse who had been convicted of fraud over $5,000 for unlawfully obtaining social assistance benefits.

The member failed to disclose this criminal conviction on his annual registration renewal forms for four consecutive years.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, finding the member guilty of professional misconduct.

The member was reprimanded, suspended for 45 days, and ordered to complete an ethics course.

The member, a registered nurse, faced allegations of professional misconduct for accessing the electronic medical records of 21 patients for whom she was not providing care.

The member admitted to the allegations, acknowledging she accessed the records out of curiosity and concern during the SARS crisis.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, finding the member committed professional misconduct.

The member was reprimanded, suspended for 30 days, required to meet with a practice consultant, and ordered to pay $3,500 in costs due to late notification of settlement.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for allegedly abusing a patient physically, verbally, and emotionally, and for misappropriating property by claiming sick leave pay from one employer while working a shift for another.

The Discipline Committee found the nurse guilty of verbal and emotional abuse, as well as misappropriation of property, but found the evidence insufficient to prove physical abuse.

The nurse's certificate of registration was suspended for four months, and she was ordered to complete a rehabilitation program and pay costs of $1,500.

The Member, a registered nurse, admitted to professional misconduct for falsifying records and submitting time sheets for home care visits she did not make.

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

The Member was reprimanded, her certificate of registration was suspended for 60 days, practice conditions were imposed for 12 months, and she was ordered to pay a $1,000 fine or provide proof of full restitution to the agency.

The College of Nurses of Ontario brought disciplinary proceedings against a Registered Practical Nurse for allegedly slapping and verbally abusing a resident at a nursing home.

The Member did not attend the hearing.

Based on the clear and convincing testimony of an eyewitness personal care worker, the Discipline Committee found that the Member committed professional misconduct.

The Committee ordered a reprimand, a four-month suspension, and imposed remedial conditions on the Member's certificate of registration.

The Member, a Registered Nurse, faced allegations of professional misconduct for claiming sick leave from a nursing home while continuing to work at a hospital, and for promoting her private sitter agency to patients and staff at the nursing home.

The Member admitted to the allegations.

The Discipline Committee found the Member committed professional misconduct by failing to maintain the standard of practice and practicing in a conflict of interest.

The Committee accepted a joint submission on penalty, ordering a reprimand, a 30-day suspension, and terms requiring the Member to meet with a Practice Consultant to discuss professional ethics.

The Member faced allegations of professional misconduct for working at a second facility while on sick leave and collecting sick benefits from their primary employer.

The Member admitted to the allegations, which included contravening a standard of practice, misappropriating property, and engaging in disgraceful, dishonourable, or unprofessional conduct.

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

The Member was ordered to appear for a reprimand and pay a $100 fine to the Minister of Finance.

The member, a registered nurse, faced allegations of professional misconduct for claiming sick leave and benefits from one hospital while continuing to work at another, and for submitting falsified return-to-work status reports.

The member admitted to the allegations.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, finding the member committed professional misconduct.

The member was reprimanded, suspended for 60 days, fined $2,500, and subjected to employer notification conditions for 24 months.

The appellant, a dentist facing professional misconduct allegations, appealed a decision of the Discipline Committee denying his request for an adjournment.

The appellant sought the adjournment due to the unavailability of his expert witness and because the hearing could not be completed in the allotted time.

When the request was refused, the appellant's counsel withdrew, and the hearing proceeded in their absence.

The Divisional Court dismissed the appeal, finding that the Committee properly exercised its discretion in denying the adjournment and that there was no breach of natural justice, procedural fairness, or reasonable apprehension of bias.

The Applicant sought reinstatement of his Certificate of Registration, which was revoked in 1993 after he was found to have sexually abused three patients and subsequently convicted of criminal charges.

The Applicant, who was self-represented, argued he had rehabilitated himself and was no longer a risk.

The College opposed the application, tendering expert psychiatric evidence that the Applicant remained at a low-to-moderate risk of sexually aggressive behaviour and should not have access to patients.

The Discipline Committee dismissed the application, finding the Applicant failed to meet the burden of proving that the public would be protected if he were reinstated.

The grievor filed a grievance alleging failure to accommodate and harassment.

The grievance was denied at the second stage, but the referral to arbitration was delayed by approximately three years.

The Employer raised a preliminary objection regarding timeliness.

After the initial hearing, the Employer requested to reopen the hearing to present recent binding jurisprudence.

The arbitrator allowed the hearing to be reopened, finding it necessary to decide the matter based on the correct legal principles.

Applying the Court of Appeal's decision in Leisure World, the arbitrator held that section 48(16) of the Labour Relations Act does not confer jurisdiction to extend time limits for referring a grievance to arbitration.

The Employer's motion was granted and the grievance was dismissed.

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

The nurse admitted to accepting unauthorized remuneration from equipment manufacturers, using hospital resources for her own unauthorized practice, and recommending or prescribing changes to insulin dosages without proper physician orders.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty, finding the nurse guilty of professional misconduct.

The nurse was reprimanded, suspended for 60 days, and required to meet with a nursing expert to discuss scope of practice and conflict of interest.

The College of Nurses of Ontario brought disciplinary proceedings against a registered nurse for incidents occurring during an evening shift at a long-term care residence.

The Member was alleged to have left a medication cart unlocked and unattended, verbally and emotionally abused two vulnerable residents, and failed to assess a resident experiencing a breathing crisis.

The Member did not attend the hearing and dismissed his counsel mid-proceeding.

The Discipline Committee found the Member committed professional misconduct on all allegations, noting his behaviour was unprofessional, disgraceful, and dishonourable.

The Committee ordered a four-month suspension, an oral reprimand, and remedial education on abuse prevention and anger management.

The Member, a Registered Practical Nurse, faced allegations of professional misconduct relating to multiple incidents of verbal, physical, and emotional abuse of elderly clients over a three-year period.

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

The Discipline Committee found the Member guilty of professional misconduct for contravening standards of practice, abusing clients, and engaging in disgraceful, dishonourable, or unprofessional conduct.

Accepting a Joint Submission as to Penalty, the Committee ordered a reprimand, a three-month suspension, and imposed strict monitoring and preceptorship conditions on the Member's certificate of registration.

The applicants sought to add and correct the names of the responding parties in multiple applications before the Ontario Labour Relations Board.

The responding parties consented to the additions and name changes.

The Board ordered the responding parties to post a notice to millwright employees affected by the application and adjourned the matters to be scheduled by the Registrar.