Court File and Parties
COURT FILE NO.: 221/04
DATE: 20050316
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O’DRISCOLL, CAPUTO AND SWINTON JJ.
B E T W E E N:
COLLEGE OF NURSES OF ONTARIO Appellant
- and -
MARY ANN HORNE Respondent
Alan L. Bromstein, for the Appellant
No One, for the Respondent
HEARD at Toronto: March 16, 2005
Oral Reasons for Judgment
O’DRISCOLL J.: (Orally)
[1] With the concurrence of my colleagues, the Appeal Book and Compendium has been endorsed as follows: “This appeal is allowed and the order of the Fitness to Practise Committee, dated March 25, 2004/May 12, 2004 is set aside and in its place there will be an Order that the respondent is “incapacitated” as that term is defined in Section 1(1) of the Health Professions Procedural Code of the Regulated Health Professions Act, 1991, S.O. 1991, c.18, as amended.
[2] It is ordered that the matter be returned to a panel of the Fitness to Practise Committee for its consideration of the appropriate Order to be made pursuant to s.69 of the Code.
[3] In our view, the Fitness to Practise Committee failed to fully consider the uncontroverted evidence of Dr. P. E. Mezciems and his report, dated May 6, 2003, he being a recognized specialist in addiction medicine who had undertaken an assessment of Ms. Mary Ann Horne.”
O’DRISCOLL J.
CAPUTO J.
SWINTON J.
Date of Reasons for Judgment: March 16, 2005
Date of Release: March 18, 2005
COURT FILE NO.: 221/04
DATE: 20050316
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
O’DRISCOLL, CAPUTO AND SWINTON JJ.
B E T W E E N:
COLLEGE OF NURSES OF ONTARIO Appellant
- and -
MARY ANN HORNE Respondent
ORAL REASONS FOR JUDGMENT
O’DRISCOLL J.
Date of Reasons for Judgment: March 16, 2005
Date of Release: March 18, 2005