Professional Discipline and Regulation
Paliare Roland represents lawyers and paralegals, brokers, social workers, teachers, police officers and other professionals in connection with complaints, investigations and discipline proceedings taken against them by their regulating bodies or under statute. Several lawyers at the firm act as prosecutors in disciplinary and fitness-to-practise hearings for several professional regulatory agencies, primarily for the regulated health professions. Our lawyers also act on judicial review applications and other litigation relating to such discipline issues or in litigation brought against professionals.
- Representative Work
Linda Rothstein, Jean-Claude Killey, and Daniel Rosenbluth, acted for the College of Opticians of Ontario and the College of Optometrists of Ontario in the Colleges’ successful application for an injunction preventing Essilor (which operates the website www.clearly.ca) from dispensing corrective lenses in Ontario without having a licensed or authorized person perform the dispensing. College of Optometrists of Ontario et al v. Essilor Group Canada Inc., 2018 ONSC 206.
Nick Coleman represented the Ontario College of Pharmacists in Ibrahim v. Ontario College of Pharmacists, (2011) 19 Admin. L.R. (5th) 122, a decision of the Divisional Court confirming that the right of appeal from a decision of a Discipline Committee under the Health Professions Procedural Code is available only for final decisions and not interlocutory decisions of the tribunal. The related application for judicial review for a decision regarding production of third party records was also dismissed as premature in Ibrahim v. Ontario College of Pharmacists,  O.J. No. 2427.
Chris Paliare and Karen Jones represented the College of Chiropractors in Leering v. College of Chiropractors of Ontario, 2010 ONCA 87, a successful appeal of a judicial review decision of the Divisional Court, affirming that there is no exception to accommodate spouses in the zero-tolerance policy regarding health professionals who engage in sexual relations with their patients.
Ian Roland and Michael Fenrick represented the Canadian Police Association before the Supreme Court of Canada in Penner v. Niagara Police Services Board, a case which raises the application of the doctrine of issue estoppel in the context of police discipline.