The issue in the present case, therefore, is whether the College’s irregular treatment of G.V.’s complaint and allowing the withdrawal of the complaint constituted a breach of its duty of fairness to the respondent despite a properly commenced Registrar-initiated investigation, encompassing the complaint made by G.V. If it did, then proceeding with the Registrar-initiated investigation would be an abuse of process and the College would have exceeded its jurisdiction, as found by the Divisional Court. However, in our view, it did not.The HPPC codifies well-established rules of natural justice and statutorily impose a duty of procedural fairness on the College, even at the investigatory stage of its processes. However, a failure to follow them does not automatically cause a loss of jurisdiction to process a complaint. Quoting the Discipline Committee with approval:
The Panel agrees that, on the surface, ‘abuse of process’ by the College may be a concern given the requirement to process the information in a timely manner. However, given the seriousness of the allegations against the Member and the potential for harm to the public, the irregular process used by the College, in this case, is not sufficient to warrant quashing the allegations against the Member.In addition, the OCA found no prejudice to the member. The College’s failure to abide by its own procedural guidelines did not create any prejudice. The hallmark is prejudice and none existed. At Wise Health Law,we focus on health and administrative law. Our lawyers have significant trial and appellate experience and are passionate about helping health professionals and healthcare organizations understand and protect their legal rights. Based on our highly-specialized knowledge and experience in healthcare litigation, we often receive referrals from other lawyers and legal professionals. Contact us online, or at 416-915-4234 for a consultation.
As of July 1, 2021, all Ontario long-term care homes must implement COVID-19 immunization policies for their staff, students, and volunteers — regardless of the frequency or duration of these individuals’ attendance in a home. Current staff, students, and volunteers will have until July 31, 2021 to meet the policy requirements, subject to reasonable extension for unforeseen circumstances. Newly hired individuals will have 30 days from the first day they begin attending at the home.
It is no surprise that the COVID-19 pandemic continues to affect the delivery of health services and the regulation of various health professions.
In a welcomed move, the College of Physicians and Surgeons of Ontario (CPSO) Council recently approved a new registration policy allowing the Registration Committee to issue a Certificate of Registration authorizing Independent Practice to applicants who have not completed Part II of the Medical Council of Canada Qualifying Examination (MCCQE).
The test for the standard of care in medical negligence cases has remained untouched since the Supreme Court of Canada’s 1995 decision in ter Neuzen v. Korn.
On January 18, 2021, the Supreme Court of Canada heard the appeal in Armstrong v. Ward. Their unanimous decision maintains the status quo with respect to the standard of care in medical negligence cases.