Ontario Health Professions College Complaints: Some Do’s and Don’ts

R. Lee Akazaki, C.S., B.A. (Hons.), J.D.Administrative Law, Tribunals0 Comments

The dreaded day has suddenly come, and your professional college informs you that a patient or someone you assessed months ago for an auto insurance claim has lodged a frivolous complaint under the Regulated Health Professions Act. (“Act”)  (The college won’t use the word “frivolous,” of course.)  Draw a deep breath and banish any thoughts of making an angry response.  Instead, consider the Japanese martial art of Jujitsu , where one’s strongest weapon is the ability channel the force of one’s opponent against him. Under schedule 2 of the Act, named the Health Professions Procedural Code (“Code”), every health profession college in Ontario maintains an Inquiries, Complaints and Reports Committee (ICRC) to investigate and vet complaints against members.  It does not matter whether you are a doctor, a psychologist or an occupational therapist.   The Code requires each college to follow the same general procedure.  While it may seem that this … Read More

Discrimination under Ontario’s Human Rights Code is Restricted to Enumerated Grounds: A Reminder in Stukanov v Paypal Canada Inc.

Yona Gal, J.D., LL.MAdministrative Law, Tribunals0 Comments

A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) serves as a reminder that grounds for discrimination under Ontario’s Human Rights Code (“Code”) are restricted to those enumerated in the Code.  Analogous grounds are not prohibited. In Stukanov v Paypal Canada Inc., 2019 HRTO 386, the HRTO dismissed an application alleging that Paypal discriminated against Canadian residents. Facts The applicant wanted to close his U.S. dollar account with Paypal and have the account money sent to him in U.S. dollars, either by cheque or by direct deposit into his U.S. dollar account at his Toronto bank. Paypal, apparently, would not send a cheque to Canada, and would only deposit money into a Canadian dollar account when sending money to a bank located in Canada. The applicant’s primary allegation was that he cannot receive his Paypal funds in U.S. dollars because he is a Canadian resident.  He claimed that … Read More

Court of Appeal Considers Ontario Labour Relations Board’s Jurisdiction, Limitation Periods in Class Actions

Peter Neufeld, B. Soc. Sc., J.D.Administrative Law, Appeals, Civil Litigation, Class Action Defence, Commercial, Employment, Employment & Wrongful Dismissal, Jurisdictional Challenges, Tribunals, Wrongful Dismissal0 Comments

In United Food and Commercial Workers Canada, Local 175, Region 6 v. Quality Meat Packers Holdings Limited, 2018 ONCA 671 (“Quality Meat Packers”), the Ontario Court of Appeal considered (1) the Ontario Labour Relations Board’s (“OLRB”) jurisdiction to decide claims related to the wrongful dismissal of unionized employees; and (2) whether, in proposed representative proceedings under Rules 12.08 and 10.01, representation orders must be obtained during the limitation periods for the individuals’ claims.

Ontario Securities Commission Clarifies Test for Severance Motions

Peter Neufeld, B. Soc. Sc., J.D.Administrative Law, Business Litigation, Civil Litigation, Commercial Litigation, Securities Litigation, Tribunals0 Comments

In Hutchinson (Re), 2018 ONSEC 40 (“Hutchinson”), the Ontario Securities Commission (“OSC”) considered the proper framework to assess a motion for severance in the context of a regulatory proceeding before the OSC. OSC Staff alleged that the respondent, David Paul George Sidders (“Sidders”), engaged in insider trading with respect to three transactions. The OSC also alleged that three other individual respondents, one of which settled, engaged in insider trading and/or insider tipping. Respondent Sidders moved before an OSC Commissioner (“Commissioner”) to request that it sever his hearing from the hearings of the other remaining respondents. The question before the Commissioner was how to assess, in the context of an OSC proceeding, whether the interests of justice require severance. The Supreme Court of Canada in R v. Last, 2009 SCC 45 (“Last”) listed several factors to consider when balancing the risk of prejudice to the accused with the public interest in … Read More