University Held to Task on Procedural Fairness

17. January 2023 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Nurses – Penalties Ford v. University of Ottawa, [2022] O.J. No. 5381, 2022 ONSC 6828, Ontario Superior Court of Justice, December 7, 2022, K.E. Swinton, J.A. Ramsay and J. Leiper JJ. Mr. Ford, a University of Ottawa ...

Finding of professional misconduct reversed on basis that College failed to specific elements of allegation in citation

19. October 2021 0
Administrative law – Decisions reviewed – College of Nurses – Judicial review – Procedural requirements and fairness – Evidence – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Competence Whieldon v. British Columbia College of Nurses and Midwives, [2021] B.C.J. No. 1816, 2021 BCSC 1648, Supreme Court of British Columbia, August 20, ...

The applicant nurse was not successful in his application for judicial review relating to the respondent College’s demand that he attend an independent medical examination

24. February 2015 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Independent Medical Examination – Charter of Rights and Freedoms – Application to disciplinary proceedings – Nurses – Disciplinary proceedings – Competence – Public interest – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter Iacovelli v. College ...

The appellant registered nurse was denied registration as a Nurse Practitioner by the Registration Committee of the College of Nurses of Ontario (the “Registration Committee”), on the basis that she had failed written examinations on three occasions and there was no discretion to afford a fourth attempt. The appellant applied for review of the Registration Committee’s decision to the Health Professions Appeal and Review Board (the “Board”) which affirmed the Registration Committee’s decision. The appellant then appealed the Board’s decision to the Court, which dismissed her appeal, finding that the Board’s decision was reasonable, and there was no evidence before it upon which they could have found the examination to be unfair to the applicant because of its American content or the stress created by having to write the examination. What was before the Board was little more than a bare allegation of unfairness advanced by the appellant.

25. February 2014 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Nurses – Governance – Permits and licences – Competence – Training requirements – Fairness – Judicial review – Standard of review – Reasonableness simpliciter – Evidence Al Baba v. College of Nurses of Ontario, [2013] O.J. No. 5392, 2013 ONSC 7335, Ontario Superior ...

The Alberta Court of Appeal held that there is no human rights defence to a professional who steals narcotics and forges related records, notwithstanding that the professional has a narcotic dependency

23. October 2012 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Nurses – Disciplinary proceedings – Professional misconduct / conduct unbecoming –  Addiction –  Penalties and suspensions – Human rights complaints – Discrimination – Judicial review –  Evidence Wright v. College and Assn. of Registered Nurses of Alberta (Appeals Committee), [2012] A.J. No. 943, ...

Although the Inquiries Complaints and Reports Committee of the College of Nurses of Ontario (the “ICRC”) is a screening committee and not a quasi-judicial one, it still owed a disclosure obligation to the applicant member of the College, a registered nurse, which required it to provide the applicant with notice of the Registrar’s report of its investigation, notice of the substance of the allegations against her and an opportunity to make submissions in respect of the allegations. In this case, the College agreed that the decision of the ICRC should be quashed and the matter remitted to a differently constituted panel of the ICRC for fresh determination, with directions that the applicant be allowed to make submissions in respect of seven witness statements.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Judicial review – Quasi-judicial tribunals – Disclosure – Evidence – Witnesses – Procedural requirements and fairness – Jurisdiction Ajao v. College of Nurses of Ontario, [2011] O.J. No. 5280, 2011 ...

The respondent registrant appealed a College decision to the Health Professions Appeal Review Board (“HPARB”) and made a complaint to the Ontario Human Rights Commission about the College’s decision. The HPARB upheld the College’s decision and the College then applied to the Ontario Human Rights Tribunal to have her complaint dismissed. The Tribunal refused to dismiss it and the College applied for judicial review and obtained an order quashing the Tribunal’s decision.

27. December 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Human Rights Tribunal – Nurses – Disciplinary proceedings – Public interest – Human rights complaints – Discrimination – Disability – Duty to accommodate – Judicial review – Appeals – Investigations – Standard of review – Correctness – Compliance with legislation – Privative clauses ...

Supervisors of the applicant registered nurse filed a complaint against her with the College of Registered Nurses of Nova Scotia. Following an investigation, the complaint was dismissed. The applicant then filed a complaint against each of the individuals that had filed a complaint about her, alleging that pursuing and filing the formal complaint constituted, inter alia, professional misconduct, willful misconduct, malice and slander. The complaints were dismissed by the Complaints Committee. The applicant sought judicial review of the dismissals.

22. February 2011 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Investigations – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Reporting requirements – Judicial review – Standard of review – Reasonableness simpliciter MacDonald v. College of Registered Nurses of Nova Scotia, [2010] N.S.J. No. 661, 2010 NSSC 430, Nova Scotia ...

The Applicant Nurse (MacNeil) unsuccessfully applied for judicial review in respect of the Respondent College’s decision not to refer his matter to the Fitness to Practice Committee

27. April 2010 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Policies – Nurses – Disciplinary proceedings – Competence – Public interest – Judicial review – Compliance with legislation MacNeil v. College of Registered Nurses of Nova Scotia, [2010] N.S.J. No. 136, 2010 NSSC 83, Nova Scotia Supreme Court, March 4, 2010, S.M. Hood ...

The Court allowed, in part, an appeal from a decision of the Discipline Committee of the Respondent College, finding professional misconduct against the Appellant. The Court found that the panel’s decision on the merits was reasonable, but that the penalty they imposed was beyond the limits of reasonableness in the circumstances of a first-time, young offender.

26. December 2007 0
Administrative law – Decisions of administrative tribunals – College of Nurses – Psychiatric Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with former patient – Penalties and suspensions – Judicial review – Evidence – Burden of proof – Standard of review – Reasonableness simpliciter Duval v. College of Nurses of ...