|
RHPA - Appeals. Brodsky v. College of Nurses of Ontario
In Brodsky v. College of Nurses of Ontario (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an appeal, here from "decision of the Discipline Committee of the College of Nurses" that "found that the appellant committed acts of professional misconduct".
Here the court noted the appellate SOR for RHPA penalties:[35] With respect to the appeal from penalty, the Appellant must show that there was an error in principle or that the penalty was clearly unfit. To be clearly unfit, the penalty must be disproportionate or fall outside the range of penalties for similar offences in similar circumstances: Gill v. College of Physicians and Surgeons of Ontario, 2022 ONSC 49 (Div. Ct.), at para. 82. . Brodsky v. College of Nurses of Ontario
In Brodsky v. College of Nurses of Ontario (Ont Div Ct, 2025) the Ontario Divisional Court dismissed an appeal, here from "decision of the Discipline Committee of the College of Nurses" that "found that the appellant committed acts of professional misconduct".
Here the court noted it's Discipline Committee appeal jurisdiction:[17] The Divisional Court may hear appeals on questions of law or fact or both with respect to proceedings before the Discipline Committee: s. 70 of the Health Professions Procedural Code, being Sched. 2 to Regulated Health Professions Act, 1991, S.O. 1991, c. 18 (the “RHPA”).[1] . Casella v. Ontario (College of Chiropodists)
In Casella v. Ontario (College of Chiropodists) (Div Court, 2024) the Divisional Court considers an HPPC s.70(1-2) appeal from a misconduct finding (and related sanctions and costs) of the "Discipline Committee (the “Committee”) of the College of Chiropodists of Ontario". Here the court cites it's RHPA-HPPC appeal authorization:24. The Divisional Court is authorized to hear appeals on questions of law or fact or both with respect to proceedings before the Committee and has all the powers of the Committee that dealt with the matter: Code, ss. 70(1) and (2).
|
