36428    Oluwarotimi Fashoranti v. College of Physicians and Surgeons of Nova Scotia, Attorney General of Nova Scotia

Administrative law – Appeals – Standard of review

On appeal from the Nova Scotia Court of Appeal. The applicant physician has a sole practice in Pugwash, Nova Scotia. While fulfilling a regular shift at the hospital emergency room he saw Patient A, whom he knew as a patient at the hospital and from her place of work. While reviewing the results of a CT scan ordered by another physician, the applicant conducted a pelvic exam on Patient A. She alleged that he also carried out a breast exam, which he denied. Patient A contacted the police and the applicant was charged with sexual assault. In June, 2011, he was acquitted by a jury. Patient A then filed a complaint with the respondent, who charged the applicant with acting unprofessionally by (1)  having an “inappropriate interaction” with Patient A; and (2) engaging in an “inappropriate examination” of Patient A. The hearing committee dismissed the complaint of “inappropriate interaction” but held that the applicant had committed professional misconduct by carrying out a breast examination which was inappropriate in the circumstances. The applicant’s appeal to the Nova Scotia Court of Appeal was dismissed.

36365   Hakima Bakiri v. Commission of Occupational Injuries, Committee of Health and Safety

Workers’ compensation – Administrative law

On appeal from the Court of Appeal of Quebec. In 2004, Ms. Bakiri, applicant, suffered a workplace injury for which she ultimately received an income replacement indemnity. In 2009, she moved to Florida. In 2014, Ms. Bakiri sought judicial review of two decisions rendered by the Commission des lésions professionnelles (“CLP”). The first decision dismissed four of her motions relating to decisions made by the Commission de la santé et de la sécurité du travail (“CSST”) suspending her income replacement indemnity and claiming reimbursement of certain funds paid in error. Among other things, the CSST found that Ms. Bakiri had misrepresented her level of impairment and had been employed while receiving benefits. Ms. Bakiri was not present at the hearing before the CLP. In the second decision the CLP dismissed Ms. Bakiri’s application pursuant to s. 429.59 of the Act Respecting Industrial Accidents and Occupational Diseases, CQLR c A-3.001, to have the first CLP decision revoked because she had not been present at the hearing. Ms. Bakiri’s application for judicial review was dismissed on the basis that the CLP’s decision not to revoke the CSST’s first decision was reasonable. The Court of Appeal denied leave to appeal.