Court Of Appeal Summaries (September 21-25, 2015)

Hello Everyone,

The Ontario Court of Appeal only released two substantive civil decisions this week, and many more endorsements and criminal law decisions. Civil topics covered this week included professional discipline of regulated professions (pharmacists) and relief from forfeiture in the long-term disability insurance context.

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Enjoy your weekend.

John Polyzogopoulos

Blaney McMurtry LLP

http://www.blaney.com/lawyers/john-polyzogopoulos

Tables of Contents

Civil Decisions

Hanif v Ontario College of Pharmacists, 2015 ONCA 640 (click on the case name to read the summary)

Keywords: Regulated Professions, Pharmacists, Professional Misconduct, Constitutional Law, Division of Powers, Constitution Act, 1867, ss. 91(27), Pith and Substance, Health Professions Procedural Code, Professional-Patient Relationship, Sexual Relationship, Mandatory Revocation of License to Practice, Whether Constitutional

Dube v. RBC Life Insurance Company, 2015 ONCA 641 (click on the case name to read the summary)

Keywords: Insurance Law, Long Term Disability Policy, Whether Claim Made in Time, Equitable Remedies, Relief from Forfeiture, Courts of Justice Act, s. 98

For a list of Short Endorsements, click here

For a list of Criminal Law decisions, click here

Civil Decisions

Hanif v Ontario College of Pharmacists, 2015 ONCA 640

[Laskin, MacPherson and MacFarland JJ.A.]

Counsel:

Abramson and L. Kantor, for the appellant

Hunter, for the respondent Her Majesty the Queen in right of Ontario

Dantowitz, for the respondent Ontario College of Pharmacists

Keywords: Regulated Professions, Pharmacists, Professional Misconduct, Constitutional Law, Division of Powers, Constitution Act, 1867, ss. 91(27), Pith and Substance, Health Professions Procedural Code, Professional-Patient Relationship, Sexual Relationship, Mandatory Revocation of License to Practice, Whether Constitutional

Facts: The appellant is a pharmacist. He was involved in a consensual sexual relationship with a patient. Sexual activity between a health professional and a patient constitutes sexual abuse under the Health Professions Procedural Code ("Code"). A finding of sexual abuse results in mandatory revocation of the health professional's certificate of registration. The appellant challenged the constitutional validity of the mandatory revocation provisions of the Code. He claimed that the Code intruded into federal jurisdiction over the criminal law under s. 91(27) of the Constitution Act, 1867. The application judge dismissed the appellant's application on the basis that the mandatory revocation provisions of the Code are in pith and substance the regulation of health care...