ADMINISTRATIVE LAW and PROFESSIONAL LIABILITY
Brian has a focussed expertise in all areas of administrative law, including professional liability, regulatory prosecution & defence, patient & public interest advocacy, and coroners inquests.
A selection of his reported decisions is set out below.
Administrative Law and Professional Regulatory Matters - Please Note:
Professional Regulatory matters, while often public, are matters of significant discretion to the patient or professional member. As such, Brian has specifically omitted any references to his significant body of work in this field, to preserve the discretion of his clients. However, some decisions are easily accessible on widely accessed public resources, and a selection of those readily available decisions are itemized below.
a. Higher Court Decisions:
College of Optometrists (Ontario) v. SHS Optical Ltd., 2009 CarswellOnt 3395 (S.C.C.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2009 CarswellOnt 3393 (S.C.C.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2008 CarswellOnt 6073 (C.A.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2009 CarswellOnt 86 (C.A.)
Katsoulakos v. Assn. of Professional Engineers of Ontario, 2014 ONSC 5440 (Div. Ct.)
Katsoulakos v. Assn. of Professional Engineers of Ontario, 2014 CarswellOnt 7989 (Div. Ct.)
College of Physicians and Surgeons of Ontario v. Rathe, 2013 CarswellOnt 3765 (Div. Ct.)
2217758 Ontario Inc. v. Ontario (Attorney General) et al., 2015 ONSC 1 (S.C.J.)
The first decision released by the Superior Court of Justice in 2015, Brian represented the College of Optometrists and successfully defended a Charter Challenge along with the Attorney General and the College of Opticians. This is the leading case in Ontario on the issue of remote prescribing.
College of Optometrists (Ontario) v. SHS Optical Ltd., 2010 CarswellOnt 5220 (S.C.J.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2007 CarswellOnt 8052 (S.C.J.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2007 CarswellOnt 6408 (S.C.J.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2006 CarswellOnt 7417 (S.C.J.)
b. Regulatory Tribunal Appeals and Coroners Inquests:
HA v SW, 2015 CanLII 64533 (ON HPARB)
HA v JC, 2015 CanLII 64534 (ON HPARB)
N v MPG, 2013 CanLII 78568 (ON HPARB)
REC v AG, 2013 CanLII 17457 (ON HPARB)
EP v DTF, 2013 CanLII 54673 (ON HPARB)
RB v JGGP, 2012 CanLII 44206 (ON HPARB)
OB v SB, 2012 CanLII 81461 (ON HPARB)
DG v BMG, 2011 CanLII 34276 (ON HPARB)
Hamilton (Re), 2012 CanLII 97339 (ON OCCO)
Osae (Re), 2012 CanLII 70988 (ON OCCO)
Novak (Re), 2006 CanLII 81569 (ON OCCO)
Stevenson (Re), 2004 CanLII 72808 (ON OCCO)
Brian has a focussed expertise in all areas of administrative law, including professional liability, regulatory prosecution & defence, patient & public interest advocacy, and coroners inquests.
A selection of his reported decisions is set out below.
Administrative Law and Professional Regulatory Matters - Please Note:
Professional Regulatory matters, while often public, are matters of significant discretion to the patient or professional member. As such, Brian has specifically omitted any references to his significant body of work in this field, to preserve the discretion of his clients. However, some decisions are easily accessible on widely accessed public resources, and a selection of those readily available decisions are itemized below.
a. Higher Court Decisions:
College of Optometrists (Ontario) v. SHS Optical Ltd., 2009 CarswellOnt 3395 (S.C.C.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2009 CarswellOnt 3393 (S.C.C.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2008 CarswellOnt 6073 (C.A.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2009 CarswellOnt 86 (C.A.)
Katsoulakos v. Assn. of Professional Engineers of Ontario, 2014 ONSC 5440 (Div. Ct.)
Katsoulakos v. Assn. of Professional Engineers of Ontario, 2014 CarswellOnt 7989 (Div. Ct.)
College of Physicians and Surgeons of Ontario v. Rathe, 2013 CarswellOnt 3765 (Div. Ct.)
2217758 Ontario Inc. v. Ontario (Attorney General) et al., 2015 ONSC 1 (S.C.J.)
The first decision released by the Superior Court of Justice in 2015, Brian represented the College of Optometrists and successfully defended a Charter Challenge along with the Attorney General and the College of Opticians. This is the leading case in Ontario on the issue of remote prescribing.
College of Optometrists (Ontario) v. SHS Optical Ltd., 2010 CarswellOnt 5220 (S.C.J.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2007 CarswellOnt 8052 (S.C.J.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2007 CarswellOnt 6408 (S.C.J.)
College of Optometrists (Ontario) v. SHS Optical Ltd., 2006 CarswellOnt 7417 (S.C.J.)
b. Regulatory Tribunal Appeals and Coroners Inquests:
HA v SW, 2015 CanLII 64533 (ON HPARB)
HA v JC, 2015 CanLII 64534 (ON HPARB)
N v MPG, 2013 CanLII 78568 (ON HPARB)
REC v AG, 2013 CanLII 17457 (ON HPARB)
EP v DTF, 2013 CanLII 54673 (ON HPARB)
RB v JGGP, 2012 CanLII 44206 (ON HPARB)
OB v SB, 2012 CanLII 81461 (ON HPARB)
DG v BMG, 2011 CanLII 34276 (ON HPARB)
Hamilton (Re), 2012 CanLII 97339 (ON OCCO)
Osae (Re), 2012 CanLII 70988 (ON OCCO)
Novak (Re), 2006 CanLII 81569 (ON OCCO)
Stevenson (Re), 2004 CanLII 72808 (ON OCCO)