Court upholds revocation of physician’s licence after repeated care and conduct concerns over a lengthy period of time

16. March 2021 0
Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Standard of review – Correctness – Professions – Physicians and surgeons – Billing matters – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Penalties Hanson v. College of Physicians and Surgeons of Ontario, [2021] O.J. No. 336, 2021 ONSC ...

The right to free speech for regulated professionals in their personal time

15. December 2020 0
Administrative law – Decisions reviewed – Registered Nurses Association – Judicial review – Appeals – Standard of review – Correctness – Reasonableness – Nurses – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Off-duty conduct – Human rights – Charter – Freedom of expression Strom v. Saskatchewan Registered Nurses’ Association, [2020] S.J. No. 370, ...

Decision to launch public hearing into transit officer’s assault of a black student in 2011 was restored

20. October 2020 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Appeals – Procedural requirements and fairness – Delay – Public hearings – Natural justice – Standard of review – Reasonableness – Abuse of process – Police – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Criminal record Diaz-Rodriguez v. British Columbia (Police ...

Regulators be warned; if you take too long, your case could be dismissed

20. October 2020 0
Administrative law – Decisions reviewed – Law Societies – Abuse of process – Judicial review – Appeals – Procedural requirements and fairness – Compliance with legislation – Stay of proceedings – Delay – Standard of review – Correctness – Barristers and solicitors – Disciplinary proceedings – Professional misconduct Abrametz v. Law Society of Saskatchewan, [2020] ...

The court considered the application of the so-called “Kienapple principle” – the principle that a person cannot be punished twice for the same offence. The context of the decision was a Hearing Officer’s disciplinary decision relating to the applicant police officer and the penalty for his misconduct.

21. May 2019 0
Administrative law – Decisions reviewed – Police Commission – Professional governance and discipline – Judicial review – Standard of review – Reasonableness – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming Durham (Regional) Police Service v. Sowa, [2019] O.J. No. 1555, 2019 ONSC 1902, Ontario Superior Court of Justice, March 28, 2019, H.E. Sachs, J.A. ...

A professional regulatory body erred in its application of the law when assessing whether collateral police evidence was admissible

16. April 2019 0
Administrative law – Decisions reviewed – College of Veterinarians – Judicial review – Appeals – Evidence – admissibility – Standard of review – Correctness – Veterinarians – Disciplinary proceedings College of Veterinarians of Ontario v. Choong, [2019] O.J. No. 837, 2019 ONSC 946, Ontario Superior Court of Justice, February 20, 2019, G.B. Morawetz R.S.J., C.J. Horkins ...

No formal complaint made pursuant to the Police Act. The Court of Appeal allowed the appeals of the three constables.

18. December 2018 0
Administrative law – Decisions reviewed – Law Enforcement Review Board – Jurisdiction – Compliance with legislation – Judicial review – Appeals – Standard of review – Correctness – Patent unreasonableness – Professions – Police – Disciplinary proceedings Deluca v. Alberta (Law Enforcement Review Board), [2018] A.J. No. 1220, 2018 ABCA 340, Alberta Court of Appeal, ...

Seven-year delay in disciplinary process constitutes abuse of process

16. November 2018 0
Administrative law – Decisions reviewed – Police Commission – Judicial review – Procedural requirements and fairness – Police – Disciplinary proceedings – Public hearings Diaz-Rodriguez v. British Columbia (Police Complaints Commissioner), [2018] B.C.J. No. 3290, 2018 BCSC 1642, British Columbia Supreme Court, September 27, 2018, J.S. Harvey J. The petitioner, Constable Diaz-Rodriguez, was a member ...

Regulator’s procedure may vary if member not prejudiced by change

16. October 2018 0
Because there was no procedural unfairness, the Ontario College of Pharmacists (the “College”) was not required to abide by its own procedural guidelines in the circumstances. Administrative law – Decisions reviewed – College of Pharmacists – Abuse of process – Judicial review – Procedural requirements and fairness – Appeals – Pharmacists – Disciplinary proceedings – ...

The appellant, Dr. Hefnawi, was enrolled in the Medical Services Plan (“MSP”). In 2010, he was audited by the Billing Integrity Program (“BIP”). The Medical Services Commission (the “Commission”) sought recovery of funds for fraudulent or mispresented patient billing and gave notice of its intention to cancel the appellants enrolment as a practitioner under the Medicare Protection Act, RSBC 1996, c. 286 (“MPA”).

16. October 2018 0
Administrative law – Decisions reviewed – Ministry of Health Billing Integrity Program – Judicial review – Appeals – Natural Justice – Procedural requirements and fairness – Evidence – Physicians and surgeons – Disciplinary proceedings – Billing matters – Records Hefnawi v Health Care Practitioners Special Committee for Audit Hearings, [2018] B.C.J. No. 2932, 2018 BCSC ...