The College of Chiropractors of Ontario appealed a decision of the Divisional Court which had overturned a decision by a panel of the College’s Discipline Committee finding the Respondent Chiropractor guilty of professional misconduct of having sexually abused a patient, and revoking his certificate of registration pursuant to a zero-tolerance mandatory revocation provision in the Health Professions Procedural Code in situations where a member of a regulated health profession has sexual intercourse with a patient. The Court of Appeal found that the Divisional Court had erred in law by imposing on a discipline committee the obligation to enquire into whether the sexual relationship of the parties arose out of their spousal relationship or their doctor-patient relationship in order to determine whether there was sexual abuse. The Court of Appeal allowed the appeal, set aside the decision of the Divisional Court and restored the decision of the Discipline Committee.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Chiropractors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Spousal relationship – Treating family members – Statutory provisions – Penalties and Suspensions – Judicial review – Compliance with legislation – Evidence Leering v. College of Chiropractors of Ontario, [2010] O.J. ...

On appeal, the College of Opticians of British Columbia (the “College”) succeeded in obtaining an injunction prohibiting two contact lens companies (“Coastal/Clearly”) from selling contact lenses to members of the public without securing written prescriptions in advance. Coastal/Clearly were given six months to become compliant with the applicable regulation before the injunction would take effect.

24. November 2009 0
Administrative law – Decisions of administrative tribunals – College of Opticians – Opticians – Public interest – Supervision – Judicial review – Compliance with legislation – Standard of review – Correctness – Remedies – Injunctions – Self-governing professions – Statutory provisions College of Opticians of British Columbia v. Coastal Contacts Inc., [2009] B.C.J. No. 2099, ...

The application by a cosmetic surgeon (“Yazdanfar”) for judicial review of an Interim Order of the Executive Committee of the College of Physicians and Surgeons of Ontario was dismissed where the Court found there was an ample factual foundation for the Committee to significantly limit Yazdanfar’s performance of liposuction and breast augmentation surgery pending a Disciplinary Hearing

28. July 2009 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and Surgeons – Investigations – Failure to produce records – Statutory provisions – Disciplinary proceedings – Competence – Penalties and suspensions – Public interest – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness simpliciter ...

A family physician (“Dr. Litchfield”) obtained an Order suspending the decision of the College of Physicians and Surgeons of Alberta (the “College”) pending a statutory appeal of the College’s decision to strike his name from the College register for conduct unbecoming

27. November 2007 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Disciplinary proceedings – Penalties – Stay of suspension – Judicial review – Statutory provisions – Procedural requirements and fairness Litchfield v. Alberta (College of Physicians and Surgeons), [2007] A.J. No. 1099, Alberta Court of Queen’s Bench, September 28, 2007, R.P. Marceau ...

The Applicant applied for an order in the nature of certiorari to quash the decision of the Attorney General not to proceed with criminal charges against two individuals. The Court dismissed the application on the basis that there was no evidence of “flagrant impropriety”.

26. June 2007 0
Administrative law – Decisions of Attorney General – Prosecutorial discretion – Judicial review – Standard of review – Flagrant impropriety – Evidence – Statutory provisions – Criminal Code – Charter of Rights and Freedoms Chen v. Alberta, [2007] A.J. No. 458, Alberta Court of Queen’s Bench, April 24, 2007, W.E. Wilson J. The Applicants were followers of the ...

A party wishing to bring an action for damages arising out of a hospital privileges issue must first proceed by way of a statutory route to establish the basis for sustaining the claim in damages. To permit Applicants to commence actions for damages on a hospital privileges issue without following the statutory process, would result in a system whereby a dissatisfied party would be able to bypass the specialised tribunal, a result that is not permitted under the Act.

27. March 2007 0
Administrative law – Physicians and surgeons – Hospital privileges – Damages – Statutory provisions – Decisions of administrative tribunals – Appeal process – Compliance with legislation – Jurisdiction of court Beiko v. Hotel Dieu Hospital St. Catharines, [2007] O.J. No. 331, Ontario Superior Court of Justice, January 26, 2006, G.B. Morawetz J. The Plaintiffs brought an ...

The Appellant dentist appealed a decision made by the Discipline Committee of the College finding him guilty of professional misconduct and imposing a three-month suspension, terms and conditions related to the practice of orthodontics and costs of $10,000. The Court upheld the College’s decision and dismissed the Appellant’s arguments including reasonable apprehension of bias, issue estoppel/res judicata, inappropriate expert or opinion evidence, and insufficient disclosure by the College.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – College of Dental Surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Investigations – Penalties and suspensions – Hearings – Evidence – Statutory provisions – Judicial review – Natural justice – Reasonable apprehension of bias – test – Procedural requirements and fairness – Estoppel and res judicata ...

A First Nations Constable sought judicial review of his dismissal from Police Service arising from complaints of sexual misconduct. The Court quashed the Police Chief’s decision, finding that the Applicant was a public office holder and therefore he was owed a duty of fairness prior to his dismissal, which he had not received.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Police – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations – Penalties and suspensions – Aboriginal issues – Employment law – Termination of employment – Public officer – Labour law – Statutory provisions – Judicial review – Procedural requirements and fairness – Remedies – Certiorari McDonald v. Anishinabek Police ...

A physician appealed a decision of the Divisional Court upholding the finding of the Discipline Committee of the College of Physicians and Surgeons of Ontario that he was guilty of sexual abuse of a patient. The Appellant argued that he ought to be exempted from the College’s zero tolerance policy regarding sexual relations with patients, on the basis that he had a “spousal” relationship with the patient. The Court dismissed the appeal, finding that the College’s decision met the standard of reasonableness.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Statutory provisions – Spousal relationship – Mandatory suspensions – Judicial review – Standard of review – Reasonableness simpliciter Dr. R.A.R.  v. College of Physicians and ...

The Court allowed an appeal by an accused from a Disposition of the Ontario Review Board ordering that he continue to be detained at a maximum security psychiatric institution. The Court held that the Board had erred in law in failing to recognize its inquisitorial role and to consider making further inquiries.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – Review Board – Mental health – Detention – Adult in need of protection – Investigations – Evidence – Criminal Code – Statutory provisions – Judicial review – Standard of review – Reasonableness simpliciter R. v. LePage, [2006] O.J. No. 4486, Ontario Court of Appeal, November 9, 2006, M.J. Moldaver, ...