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Supreme Court of Canada refuses to hear appeal challenging zero tolerance rule for health care practitioners

By Dina Awad, Kate Millar, and Justin Okerman
April 21, 2022
  • Professional Liability
  • Regulatory
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The Supreme Court of Canada recently dismissed a dental hygienist’s request for leave to appeal from a decision revoking his license for treating his spouse. In the underlying Ontario Court of Appeal decision Tanase v College of Dental Hygienists of Ontario, 2021 ONCA 482 (Tanase), the court affirmed its stance on a “bright-line” rule for “zero-tolerance” with respect to sexual relationships between health care practitioners and patients. Such relationships are considered “sexual abuse” against a patient, with a very narrow exception carved out for spouses. The Court upheld the revocation of the Appellant’s licence to practice, and did not find that this revocation infringed sections 7 or 12 of the Charter of Rights and Freedoms (the Charter).  By dismissing the request for leave to appeal, with costs, the Supreme Court of Canada has confirmed this holding.

Read more about The Court’s decision here

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Dina Awad

About Dina Awad

Dina Awad is a partner in our Litigation and Dispute Resolution group. Her practice encompasses a variety of complex regulatory and commercial matters with a focus on advocacy, risk analysis, and compliance advice in matters including environmental law, health law, commercial disputes, extraordinary remedies, and franchise law.

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Kate Millar

About Kate Millar

Kate Millar is a senior associate in the Litigation and Dispute Resolution group of Dentons’ Calgary office. Kate practices in general litigation with a focus in commercial litigation, estate litigation, construction litigation and obtaining injunctive relief. In addition to litigation, Kate also maintains a vibrant estate planning practice.

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Justin Okerman

About Justin Okerman

Justin is a student-at-law at Dentons Edmonton office.

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