McCain Annulment Case Points to Health Law Issue

A court’s decision relating to the admissibility of a psychiatrist's report in a high-profile annulment case in Ontario has underscored that complaints or discipline processes under the Regulated Health Professions Act (RHPA) should not be used by parties to advance their interests in civil litigation or any other dispute (e.g. legal bills Ontario issues), says Lonny Rosen.

“The RHPA is designed to encourage the reporting of acts of misconduct by health professionals. The courts have noted that this policy would be thwarted if all RHPA proceedings were not kept strictly confidential.”

“This case is interesting from a health law perspective because the lawyers for one of the parties successfully moved for an order precluding the other party from relying on a report made by the Inquiries, Complaints and Reports Committee (ICRC) of the College of Physicians and Surgeons of Ontario,” he says. “One of the parties sought to use a report that was critical of a psychiatrist.”