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RHPA - Interim Orders. Kilian v. College of Physicians and Surgeons of Ontario
In Kilian v. College of Physicians and Surgeons of Ontario (Div Ct, 2025) the Divisional Court dismissed a JR, here against "the ICRC’s dismissal of the reconsideration request", this from an earlier ICRC "interim suspension and appointment of investigators".
The court considers an RHPA ICRC's jurisdiction to issue an interim order, here to "suspend or to place terms, conditions or limitations on a physician’s certificate of registration":[80] The ICRC may make an interim order directing the Registrar of the College to suspend or to place terms, conditions or limitations on a physician’s certificate of registration “if it is of the opinion that the conduct of the member exposes or is likely to expose the member’s patients to harm or injury”: Code, s. 25.4(1). The ICRC may make interim orders without notice to the member if there is urgency: Code, s. 25.4(7). Where an interim order is made without notice, the member has a right to make submissions while the suspension or the terms, conditions or limitations are in place.
[81] In considering whether to impose an interim order, the ICRC must consider whether there is evidence of probable harm to patients: Fingerote v. The College of Physicians and Surgeons of Ontario, 2018 ONSC 5131, 53 Admin. L.R. (6th) 325 (Div. Ct.), at paras. 5-7; Kadri v. College of Physicians and Surgeons of Ontario, 2020 ONSC 5882, 93 Admin. L.R. (6th) 331 (Div. Ct.), at para. 48. On judicial review, the court’s task is to determine whether the factual conclusions were reasonable, given the evidence before the ICRC, and whether the conclusions were explained logically, coherently and rationally. The court will not reweigh the evidence: Kadri, at para. 51.
[82] The standard is not an onerous one. The interim nature of the s. 25.4 orders and their protective purpose must be kept in mind. Thus, the court need only be satisfied that there was “some evidence” before the ICRC to justify the order: Thirlwell v. College of Physicians and Surgeons of Ontario, 2022 ONSC 2654, at paras. 23, 26-28; Luchkiw, at para. 51.
[83] The ICRC concluded that there were concerns about Dr. Kilian’s governability and that patient and public safety remained at risk. It therefore held that her continued suspension was the least restrictive order necessary to protect the public.
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