Philip Bernard Abbink

The appellant, a teacher, appealed a decision of the Discipline Committee of the Ontario College of Teachers finding her guilty of professional misconduct for physically and emotionally abusing a special needs student and for unprofessional conduct towards colleagues.

The appellant argued that the Committee erred by excluding expert evidence on anti-Black racism, failing to address unconscious bias, improperly assessing credibility, and admitting an investigation report containing hearsay.

The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the Committee's factual findings or credibility assessments.

While the Committee erred in relying on prior consistent statements, the error did not result in a substantial wrong.

The penalty of a five-month suspension and costs was upheld.

The Ontario College of Teachers brought a motion on consent to extend a publication ban ordered by its Discipline Committee.

The ban protected the identity of a special needs student who was a minor at the time of the events but over 18 at the time of the hearing.

The Divisional Court granted the motion, noting the mandatory nature of protecting minor witnesses and the rationale for extending such protection to vulnerable persons.

The applicant union sought judicial review of an interest arbitration award that set the terms of a first collective agreement for nurses at a long-term care home.

The union argued that the arbitrator's decision to transition the disability income protection plan to the central agreement terms was unreasonable and lacked adequate reasons.

The Divisional Court dismissed the application, finding that the arbitrator reasonably applied the replication principle and statutory criteria, and that the brief reasons were adequate given the parties' prior agreement to a bottom-line decision.

The applicant nurses' union sought judicial review of two directives issued by the Chief Medical Officer of Health regarding COVID-19 infection control and the use of N95 respirators.

The applicants argued the directives failed to account for aerosol and asymptomatic transmission and violated section 7 of the Charter.

The Divisional Court dismissed the application, finding the directives were reasonable as they expressly incorporated the precautionary principle and permitted nurses to access N95 respirators based on their professional judgment.

The applicants, the Ontario Nurses' Association and others, brought an application against the Chief Medical Officer of Health.

The Divisional Court issued a brief endorsement dismissing the application, with reasons to follow.

Costs of $25,000 were awarded to the respondent.

The Ontario Nurses' Association (ONA) sought an urgent interlocutory injunction against four long-term care (LTC) facilities experiencing COVID-19 outbreaks, alleging breaches of Chief Medical Officer of Health (CMOH) Directives regarding personal protective equipment (PPE) and infection control.

The ONA contended that the facilities failed to provide necessary PPE, particularly N95 masks, and implement appropriate administrative controls like isolating and cohorting residents and staff.

The facilities argued they complied with directives and that the ONA sought control over scarce resources.

The court found that the matter, though a labour dispute, required the court's inherent jurisdiction due to the inability to expedite arbitral processes.

Applying the RJR-MacDonald test, the court found a serious question to be tried and irreparable harm to nurses and residents.

The balance of convenience favored granting the injunction, prioritizing health and safety.

The court ordered the LTC facilities to provide nurses with access to N95 respirators and other appropriate PPE based on point-of-care assessment and to implement administrative controls as per CMOH Directives.