Thirlwell v. College of Physicians and Surgeons of Ontario

Thirlwell v. College of Physicians and Surgeons of Ontario

Stay denied because the proposed appeal did not raise a serious issue to be tried and, even if it did, the public interest in patient safety and maintaining public confidence in the College's regulatory function outweighed the applicant's interest; the Divisional Court's reasonableness finding and the necessity of the OHIP term to monitor compliance justify denying a stay.

Citation
2022 ONCA 494
Parties
Applicant (appellant/moving Party): Dr. Celeste Jean Thirlwell; Respondent (responding Party): College of Physicians and Surgeons of Ontario
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
23 June 2022
Procedural Posture
Judicial Review and Motion for Stay Pending Leave to Appeal / Motion Heard June 15, 2022; Stay Denied June 23, 2022
Outcome
Stay of the Divisional Court order denied
Legal Topics
Interim Order Under S.25.4 of the Health Professions Procedural Code, OHIP Records Disclosure and Monitoring, Stay Pending Appeal, Standard of Review — Reasonableness, Public Interest in Regulatory Enforcement, Leave to Appeal Criteria
Source Language
English
Administrative Law Health Professional Regulation Public Health Law Professional Discipline Interim Order Under S.25.4 of the Health Professions Procedural Code OHIP Records Disclosure and Monitoring Stay Pending Appeal Standard of Review — Reasonableness +2 more

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Parties

Dr. Celeste Jean Thirlwell

Applicant (appellant/moving Party)

College of Physicians and Surgeons of Ontario

Respondent (responding Party)

Procedural Posture

Judicial Review and Motion for Stay Pending Leave to Appeal / Motion Heard June 15, 2022; Stay Denied June 23, 2022

Legal Issues

  1. 1 Whether a stay of the Divisional Court order upholding the OHIP consent term should be granted pending leave to appeal
  2. 2 Whether there is a serious issue to be tried / threshold for leave to appeal
  3. 3 Whether the applicant would suffer irreparable harm absent a stay

Ratio Decidendi

Stay denied because the proposed appeal did not raise a serious issue to be tried and, even if it did, the public interest in patient safety and maintaining public confidence in the College's regulatory function outweighed the applicant's interest; the Divisional Court's reasonableness finding and the necessity of the OHIP term to monitor compliance justify denying a stay.

Court Disposition

Stay of the Divisional Court order denied

Orders

  • Request for stay denied; Divisional Court order upholding OHIP consent term to be operationalized without further delay
  • Costs submissions: College to file brief written submissions within 15 days; Thirlwell to file within 7 days thereafter; submissions limited to 3 pages each; no right of reply