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Bortolon: Regulators Must Provide Notice Before Imposing Orders Based on New Issues Beyond Original Investigation

November 25, 2025 | Gurjot Samra and Anne Marshall, McIntyre Szabo PC

As the readers of this newsletter are well-aware, the conduct of regulated health professionals in Ontario is overseen by regulatory colleges, which investigate complaints and may impose remedial orders to protect the public and uphold professional standards. When complaints arise, members have a chance to make written submissions in response to the issues raised in the complaint and/or corresponding investigation report. The Inquiries, Complaints and Reports Committee (“ICRC”) of the applicable regulatory college then reviews the written materials and decides whether to refer the matter to a disciplinary hearing, or whether another remedial order may be sufficient to address the public interest.

Bortolon v College of Occupational Therapists of Ontario, 2025 ONSC 3848, emphasized the procedural fairness the ICRC owes members during these complaint investigations, including the scope of notice and opportunity to respond that must be provided prior to  imposing remedial orders.

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