Lawyer for Nurses (CNO)

In 2025, the Firm defended a nurse whose fitness to practice was called into question by the College after a complaint in File No. 3****6. The nurse was reported to the CNO by her previous employer regarding various practice issues as well as an incident that occurred at work that caused concern regarding the nurse’s mental state. In addition to the College’s investigation, the College also required the nurse to undergo an assessment with a psychiatrist to confirm her mental status. The Firm provided detailed legal submissions in response to the complaint material, providing important context for many of the allegations and providing evidence that some allegations had been exaggerated or fabricated. Following the nurse’s successful psychiatric assessment the Firm’s legal submissions, the College closed the file without taking any action against the nurse.

In 2024, the Firm represented a nurse who had been reported to the College and Association of Nurses of the Northwest Territories and Nunavut (CANNTN) after leaving her position at a remote hospital in Yellowknife, Northwest Territories in File No. 3****1. The client’s employer made a formal complaint against her with the CANNTN alleging incompetence and outlining various practice issues. The Firm reviewed the evidence collected during the investigation and provided detailed legal submissions in response. The Firm presented evidence to show that management at the hospital had improperly trained the client, leading to many of the issues described in the complaint. The College reviewed the evidence and the Firm’s submissions and offered Alternative Dispute Resolution to the client. Ultimately, the file was closed without any action being taken against the client.

In 2023, the Firm represented a nurse who was reported to the College by staff at a local hospital after the nurse visited a sick family member in File No. 0****2. The nurse’s family member had spent a significant amount of time in hospital after suffering from a very serious illness. The nurse spent a considerable amount of time at the hospital as a result, taking a leave of absence from her own job to help support her sick family member. Over a period of time the relationship between the patient and their family and the care team began to deteriorate. Staff at the hospital reported the nurse client to the CNO alleging that she had performed a procedure on her family member. The Firm reviewed a large amount of disclosure evidence, discovering significant inconsistencies with the information provided by the hospital and providing important context to the complaint. The College reviewed the Firm’s legal submissions and closed the file without taking any action against the nurse.

In 2022, the Firm defended a client accused of making inappropriate and derogatory comments to a patient in File No. 0****8. The patient, who was experiencing dementia symptoms, alleged that the client had also physically assaulted them. It was further alleged that the client had requested that a physician sedate the patient to make them more manageable, despite the patient not needing to be sedated. The Firm litigated the matter, providing detailed legal submissions in response to the allegations. The matter was ultimately resolved without a finding of professional misconduct.

In 2022, the Firm successfully defended a nurse client who had been reported to the CNO by her colleagues in File No. 0***6. The client had resigned from her position as RN in a local hospital after experiencing significant conflict with other staff on her unit and within the hospital. The client reported that the environment had become highly toxic, with colleagues speaking poorly of her to other staff and blaming her for mistakes that were not hers. The complaint to the CNO included a list of allegations including documentation issues and reports of incidents that did not occur. The Firm drafted submissions in response, proving that many of the allegations had been exaggerated or fabricated. The Firm was able to show that one of the primary complainant’s had been dishonest and had intentionally misled the College. The College closed the file without taking any action against the client.

In 2022, the Firm successfully defended a nurse accused of accessing a large number of patient files who were not in her circle of care in File No. 0**65. The client was a new graduate who had been hired as a nurse on a secure forensic unit, housing individuals found not criminally responsible by way of mental disorder for various serious offences including rape and murder. During orientation, the nurse had been provided with disturbing information regarding past assaults on staff, causing her to fear for her safety. To better understand the individuals she would encounter she looked at the files of more than 40 patients. The Firm provided important context for the nurse’s actions, arguing that nurse’s also have a right to protect themselves and that the nurse’s intentions were not malicious. The College cautioned the nurse and closed the file without taking any action.

In 2021, the Firm successfully defended a client accused of making errors with documentarian, of physically restraining a patient, and of improperly wasting medication. The nurse indicated that the complaint had been made by a disgruntled colleague. The Firm was able to gain access to surveillance footage to show that the allegations were largely fabricated. The College closed the file without taking any action.

In 2021, the Firm represented a nurse accused of engaging in a romantic and sexual relationship with the daughter of one of his patients in File No. 0**61. The nurse was reported to the CNO by the daughter of one of his patients who alleged that he had made sexual advances toward her and that they had met outside of the hospital on several occasions to engage in sexual activity. The Firm litigated the matter for more than three years, ultimately setting it down for a contested hearing. The Firm intended to call the complainant as a witness to prove that the allegations she had put forth had been largely fabricated. Just prior to the contested hearing, College counsel withdrew the allegations against the nurse. The matter was resolved with no action taken against the nurse and no notation on his record.

In 2020, the Firm successfully defended a nurse member with two different complaints before the CNO in File No. 0**27. One complaint pertained to an incident that had occurred with a patient and had been reported to the College by the patient’s family. The other allegations was a vexatious complaint made by the nurse’s abusive ex-spouse. The Firm provided evidence to show that the complainant in the second complaint had previously hospitalized the nurse client and was currently in a contentious divorce with her. The CNO closed that file without taking any action. The Firm provided legal submissions in response to the incident with the patient, proving it had not occurred as alleged. The CNO closed that file as well with no finding of professional misconduct

In 2020, the Firm successfully defended a registered nurse who was reported to CNO by her disgruntled ex-employer in File No. 0**99. The nurse had left her position at a remote Northern Ontario hospital after experiencing a toxic work environment. Following the nurse’s departure, her employer reported her to the CNO indicating that she had taken a large number of patient records and other files and shredded them on site prior to leaving the hospital. The Firm provided evidence to prove that the hospital did not have a shredder on site and sent their documents out to a third-party company to be shredded. The CNO closed the file without taking any action against the Member.

In 2019, the Firm represented a client accused of assaulting a patient in the emergency department in File No. 0**43. The client was reported to the CNO by his employer following the incident. The client had grabbed a patient who was attacking another patient and pulled her off. The employer argued that the nurse should have waited for security to come stop the attack. The Firm obtained and reviewed surveillance footage evidence to show that it took close to one minute for security to arrive after being called. The Firm argued that the victim would have been seriously injured had the nurse permitted her to be attacked for close to a full minute. To ensure the safety of the victim, the nurse had no choice but to separate the parties. The matter was resolved without a finding of professional misconduct.

In 2018, the Firm represented a nurse accused of failing to report a sexual assault on the unit and unilaterally altering a patient’s care plan in File No. 0**93. The nurse was reported to the CNO by the patient. The Firm litigated the matter for more than a year, successfully arguing that there is no rule indicating a nurse cannot make a change to a care plan when working alongside a patient’s care team. The Firm was also able to prove that the patient had in fact not been sexually assaulted and was referring to a medically necessary procedure that was performed on her by other members of staff at the hospital. The College closed the file without a finding of professional misconduct, taking no action against the client.