The College’s policies that require physicians to provide an effective referral in cases where the physician is unwilling to provide elements of care on religious grounds are an infringement on some physicians’ religious freedoms, but the infringements are justified because the objectives of the policies are of sufficient importance

20. March 2018 0
Administrative law – Charter of Rights and Freedoms – Freedom of Religion – Human rights complaints – Judicial review – Standard of review – Correctness – Physicians and surgeons – Statutory provisions – Public interest The Christian Medical and Dental Society of Canada v. College of Physicians and Surgeons of Ontario, [2018] O.J. No. 505, ...

This decision was an appeal from the Consent and Capacity Board which found that the appellant was not capable to consent to treatment with certain psychiatric medications proposed by the respondent physician.

20. March 2018 0
Administrative law – Decisions reviewed – Consent and Capacity Board – Evidence – Judicial review – Appeals – Standard of review – Reasonableness Woods v. Chatterjee, [2018] O.J. No. 12, 2018 ONSC 73, Ontario Superior Court of Justice, January 3, 2018, P.J. Cavanagh J. The appellant was diagnosed with schizoaffective disorder and substance abuse disorder ...

Unsuccessful application for judicial review of arbitrator’s decision to substitute a two day suspension for the demotions of two firefighters employed by the City

20. February 2018 0
The Applicant, the Corporation of the City of St. Catharine’s, unsuccessfully applied for judicial review of an arbitration decision regarding two firefighters employed by the City. The firefighters had been represented by the Respondent, St. Catharine’s Professional Fire Fighters’ Association in asking an arbitrator to set aside their demotion. Administrative law – Decisions reviewed – ...

ONCA concludes Racing Commission panel made reasonable factual findings available to it on the evidentiary record

16. January 2018 0
Administrative law – Decisions reviewed – Racing Commission – Appeal – Judicial review – Jurisdiction – Procedural requirements and fairness – Natural justice – Failure to provide reasons Brooks v. Ontario (Racing Commission), [2017] O.J. No. 5664, 2017 ONCA 833, Ontario Court of Appeal, November 1, 2017, J.L. MacFarland, C.W. Hourigan and G.I. Pardu JJ.A. The ...

Ontario court finds Toronto Soccer Association and Ontario Soccer Association breached standard of fairness by failing to give adequate notice of the infractions at issue and the sanctions that could be faced in dispute over player ages

16. January 2018 0
Administrative law – Decisions reviewed – Soccer Association – Judicial review – Procedural requirements and fairness – Jurisdiction – Notice – Associations and clubs – Disciplinary proceedings Islington Rangers Soccer League v. Toronto Soccer Association, [2017] O.J. No. 5647, 2017 ONSC 6229, Ontario Superior Court of Justice, November 2, 2017, M. Koehnen J. The Ontario ...

College member obtains a stay of a decision of the College Registrar revoking her certificate of registration

22. November 2017 0
Administrative law – Decisions reviewed – College of Psychotherapists – Judicial review – Procedural requirements and fairness – Natural justice – Permits and licences – Revocation – Psychotherapists – Professional misconduct or conduct unbecoming – Notice of complaint Haramic v. College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario (Registrar), [2017] O.J. No. ...

Ontario court finds proper forum is judicial review, dismisses application for order mandating the Special Investigations Unit to conduct a proper investigation and lay charges against officers

19. September 2017 0
Administrative law – Judicial review – Jurisdiction – Remedies – Mandamus – Criminal matters Zreik v. Ontario (Attorney General), [2017] O.J. No. 3865, 2017 ONSC 4516, Ontario Superior Court of Justice, July 25, 2017, T.A. Bielby J. The Applicant sought an order mandating the Director of the SIU to conduct a proper investigation and lay ...

Ontario Divisional Court upholds international medical graduate’s dismissal from anesthesia residency program following his failure to satisfy remediation plan requirements

18. July 2017 0
International medical graduate was dismissed from his anesthesia residency program following his failure to satisfy the requirements of his third remediation/probation plan.  The dismissal was upheld on appeal and by the Court on judicial review. Administrative law – Decisions of administrative tribunals – Academic Appeals Committee – Professions – Physicians and surgeons – Competence – ...