Rebecca Lang

The court found the Ontario Association of Architects (OAA) in contempt of court for circumventing a court order prohibiting it from licensing architectural technologists except as authorized by regulation.

After a prior order voided technologist licences, the OAA issued architect licences to technologists with the same practice restrictions as the banned licences, using a statutory committee process.

The court held this was a breach of both the letter and spirit of the order, as the process was a disguised continuation of the prohibited policy.

The decision reviews the statutory context, the events after the order, and the legal test for contempt, concluding that the OAA intentionally disobeyed the order.

The defendant, Chartered Professional Accountants of Ontario (CPAO), sought summary judgment to dismiss the plaintiff's claim for misfeasance in public office and breach of fiduciary duty, arguing the claim was statute-barred by the Limitations Act.

The plaintiff, an aspiring accountant, alleged CPAO manipulated his Common Final Examination (CFE) results, leading to his deregistration.

The court found that the plaintiff's claim was discoverable on November 27, 2020, when he received his CFE results, and his subsequent appeal of the deregistration decision did not toll the limitation period as it was not an adequate alternative remedy for challenging the exam results.

The plaintiff failed to rebut the statutory presumption of discoverability.

Consequently, the defendant's motion for summary judgment was granted, and the plaintiff's action was dismissed as being out of time.

B.B. appealed decisions of the Consent and Capacity Board that confirmed her incapacity regarding treatment with antipsychotic medications and a community treatment plan, and upheld a community treatment order.

The Superior Court of Justice dismissed the appeal, finding no palpable and overriding error in the Board's conclusions regarding B.B.'s lack of capacity, the likelihood of substantial mental deterioration without continuing care, Dr. Pittman's consultations with health practitioners, or the substitute decision-maker's proper consent to the treatment plan.