Ontario Divisional Court upholds right to full answer and defence in regulatory proceedings

Lead Office

Toronto

On December 28, 2018, the Ontario Divisional Court upheld the right to full answer and defence in regulatory proceedings in Balasuriya v. College of Physicians and Surgeons of Ontario, 2018 ONSC 7743.  Specifically, the court established a test for the disclosure, in regulatory proceedings, of protected mental health information under Ontario’s Mental Health Act. 

McCarthy Tétrault LLP represented the respondent before the Divisional Court with a team led by Jenny Stephenson that included Adam Goldenberg.

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