Ruth Ainsworth

The College of Physicians and Surgeons initiated an investigation into a psychiatrist, SJO, concerning boundary violations and the receipt of confidential information from a patient (Patient A), who was a former College employee.

SJO resisted producing Patient A's medical records, arguing patient-psychiatrist privilege and a conflict of interest for the College due to parallel investigations.

The court dismissed SJO's application for an injunction, holding that the College's statutory investigatory powers under the Regulated Health Professions Act and Health Professions Procedural Code override common law claims of privilege and patient confidentiality in this regulatory context.

The court ordered SJO to produce the patient's medical records and communications to an external investigator, with strict confidentiality protocols to limit College staff access.

The appellant physician appealed a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario, which revoked his certificate of registration for sexually abusing a patient.

The appellant argued that the Committee erred in finding a physician-patient relationship existed and in refusing to quash a summons issued to the reluctant patient.

The Divisional Court dismissed the appeal, finding that the Committee's determination of a physician-patient relationship was reasonable based on medical records, OHIP billings, and medical notes provided to the patient.

The Court also upheld the Committee's decision not to quash the summons, concluding that the College's broad investigatory powers and the public interest in prosecuting sexual abuse allegations outweighed the patient's privacy interests.

The applicant physician sought judicial review of a decision by the Health Professions Appeal and Review Board (HPARB) upholding a decision of the Inquiries, Complaints and Reports Committee (ICRC) to caution her.

The ICRC had found the applicant failed to attend the hospital to assess a decompensating patient.

The Divisional Court quashed the HPARB decision and set aside the ICRC decision, finding that the ICRC fundamentally misstated the medical records.

The contemporaneous records showed the patient was stable and resting comfortably, not decompensating or in crushing pain as the ICRC had concluded.

The HPARB's deference to a decision based on an unreasonable finding of fact was itself unreasonable.

Appeal of a Divisional Court decision upholding College of Physicians and Surgeons of Ontario policies requiring physicians who object to providing certain medical procedures on religious grounds to provide effective referrals to non-objecting providers.

The appellants, individual physicians and physician organizations, challenged the policies as violating their freedom of conscience and religion under the Canadian Charter of Rights and Freedoms and their equality rights.

The Court of Appeal dismissed the appeal, finding that while the policies infringe freedom of religion, the infringement is justified under s. 1 of the Charter as a reasonable limit demonstrably justified in a free and democratic society.

The court emphasized the importance of equitable patient access to health care services, particularly for vulnerable populations, and the role of family physicians as gatekeepers in the health care system.

The appellant physician appealed a decision of the Discipline Committee of the College of Physicians and Surgeons of Ontario, which found him incompetent, revoked his certificate of registration, and ordered him to pay costs.

The Committee found the appellant had failed to maintain the standard of practice, engaged in professional misconduct by falsifying patient charts, and lacked insight into his deficiencies.

The Divisional Court dismissed the appeal, holding that the Committee's findings on incompetence, the penalty of revocation, and the costs award were reasonable and supported by the evidentiary record.

The Court of Appeal reversed the Divisional Court's decision that had overturned a Discipline Committee penalty decision.

The Discipline Committee found that a physician sexually abused four female patients by unnecessarily touching their breasts and nipples during stethoscope examinations, and engaged in inappropriate conduct with a fifth patient.

The Committee imposed a six-month suspension with practice restrictions, supervision requirements, and mandatory training.

The Divisional Court found the penalty manifestly unfit and remitted it for reconsideration.

The Court of Appeal held that the Divisional Court failed to properly apply the deferential reasonableness standard of review, instead substituting its own view of the appropriate penalty.

The Court of Appeal restored the Discipline Committee's penalty, finding no inconsistent findings of fact and that the penalty fell within the range of reasonable outcomes.

The applicants, including several religious physicians and organizations, challenged two policies of the College of Physicians and Surgeons of Ontario that require physicians who object to providing certain medical services (such as abortion or medical assistance in dying) on religious or conscientious grounds to provide an 'effective referral' to a non-objecting provider.

The applicants argued these policies infringed their rights to freedom of religion and equality under the Charter.

The Divisional Court held that while the effective referral requirements did infringe the physicians' freedom of religion under s. 2(a) of the Charter, the infringement was justified under s. 1 as a reasonable limit to ensure equitable access to healthcare for patients.

The court dismissed the applications.