Trotter v. College of Nurses (Ont.), (1991) 44 O.A.C. 302 (DC)

• Judge: Craig, Steele and Montgomery, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: March 12, 1991
• Jurisdiction: Ontario
• Citations: (1991), 44 O.A.C. 302 (DC)

Trotter v. College of Nurses (1991), 44 O.A.C. 302 (DC)

MLB headnote and full text

Patricia Trotter (appellant) v. College of Nurses of Ontario (respondent)

(No. 935/89)

Indexed As: Trotter v. College of Nurses (Ont.)

Ontario Court of Justice

General Division

Divisional Court

Craig, Steele and Montgomery, JJ.

March 12, 1991.

Summary:

A nurse appealed a decision of the Discipline Committee of the College of Nurses finding her guilty of professional misconduct and disciplining her by way of recorded reprimand.

The Ontario Divisional Court dismissed the appeal.

Medicine - Topic 6950

Nurses - Discipline - Hearing - Review - [See Medicine - Topic 6952].

Medicine - Topic 6952

Nurses - Discipline - Professional misconduct - What constitutes - A nurse was found guilty of professional misconduct by a Discipline Committee, because she slapped a patient - The primary issue was credibility - The Committee weighed all evidence and accepted the evidence of witnesses who testified that the slap occurred - The Ontario Divisional Court noted its broad review powers under s. 13(2) of the Health Disciplines Act, but declined to interfere with the Committee's decision absent error in the Committee's reasons for decision.

Cases Noticed:

Del Core v. Ontario College of Pharmacists (1985), 10 O.A.C. 57; 51 O.R.(2d) 1 (C.A.), refd to. [para. 14].

Lischka v. Criminal Injuries Compensation Board (1982), 37 O.R.(2d) 134 (Div. Ct.), refd to. [para. 14].

College of Physicians and Surgeons (Ont.) v. Keil (1987), 19 O.A.C. 51; 59 O.R.(2d) 1 (C.A.), appld. [para. 16].

Statutes Noticed:

Health Disciplines Act, R.S.O. 1980, c. 196, sect. 13(2) [para. 8].

Counsel:

Chris G. Paliare and Barbara Rutherford, for the appellant;

Susan Byles, for the respondent.

This appeal was heard on March 6, 1991, before Craig, Steele, and Montgomery, JJ., of the Ontario Divisional Court.

The judgment of the Divisional Court was delivered orally by Craig, J., and released on March 12, 1991.