Protect Your Practice, Reputation, and Career

If you are facing a complaint from a patient to the  College of Occupational Therapists of Ontario  (“COTO”), you need skilled and experienced legal representation. At ALF, we specialize in defending occupational therapists in regulatory matters, ensuring that your professional reputation and livelihood remain intact. Allegations of professional misconduct or a patient complaint can be stressful, and frustrating, and can lead to significant financial and reputational consequences. By entrusting your case to ALF, you ensure that a knowledgeable and dedicated advocate is by your side throughout the entire complaints and disciplinary process. We understand the critical importance of a timely and favorable outcome, and we work tirelessly to secure the best possible result for you.

Investigations and Audits by the College

ALF’s experienced occupational therapist defense lawyers assist clients at every stage of a complaint process, including investigations and audits. If you are under investigation by the College of Occupational Therapists of Ontario, it is vital to seek legal counsel early. The sooner you retain quality defence counsel, the better the opportunity we have to protect your professional reputation. Our lawyers will work closely with you to ensure that the relevant information showcasing your competence and integrity is presented effectively to the College. In audits, we will guide you through the preparation process to ensure you are well-prepared and confident. Our goal is to demonstrate that there is no merit to the complaint, preventing further action by the College and safeguarding your career.

Hearings at the Inquiries, Complaints, and Reports Committee (“ICRC”)

At the ICRC, the College screens complaints and determines whether they should proceed to a discipline hearing. The ICRC can also issue other outcomes, such as a caution, requiring the occupational therapist to attend a specialized continuing education program (SCERP), or referring the matter to the Discipline Committee. It is essential to have experienced legal representation at this stage.

Even if the ICRC does not refer the complaint to the Discipline Committee, a caution or SCERP will be published on the COTO’s online register, which can be damaging to your professional reputation. ALF’s lawyers specialize in preparing persuasive written submissions to the ICRC, aiming to convince them to dismiss the complaint against you. We are committed to saving you time, reputation, and resources by working proactively at this early stage of the process.

Hearings Before the Discipline Committee

If a complaint is referred to the Discipline Committee, hearings will involve testimony, cross-examination, and the presentation of evidence. ALF’s team of occupational therapist defence lawyers bring decades of experience in courtroom and tribunal advocacy, specifically in professional discipline matters. We will prepare thoroughly for your hearing, focusing on key elements of the case, and carefully cross-examining witnesses to expose weaknesses in the allegations against you. Our extensive preparation and experience ensure that we can advocate forcefully for you at this critical stage.

Hearings Before the Health Professions Appeal and Review Board (“HPARB”)

If you receive an unfavorable decision from the ICRC or Discipline Committee, you may have the option to appeal to the Health Professions Appeal and Review Board (HPARB). Appeals involve a close examination of the record of the proceedings, the preparation of written legal arguments, and oral submissions before a panel of adjudicators.

ALF’s lawyers are adept at identifying legal errors in the record and crafting compelling arguments to challenge the decision. Our experience in appeals, including at the Divisional Court and Ontario Court of Appeal, allows us to provide expert representation in HPARB hearings. We bring the same rigorous attention to detail in appeals, ensuring that your case is presented as powerfully as possible.

Judicial Review at the Divisional Court

If HPARB’s decision is not in your favor, you may seek judicial review at the Divisional Court of Ontario. This involves an examination of the previous proceedings and the preparation of legal arguments before a panel of Ontario Superior Court judges. ALF’s lawyers have extensive experience in judicial reviews and appeals, and we will pursue every available avenue to protect your reputation and career.

How Can ALF Support You?

In addition to our comprehensive defence services, ALF also provides legal support across a wide range of matters, including:

• Responding to complaints and investigations at the College of Occupational Therapists Inquiries, Complaints, and Reports Committee (“ICRC”)

• Representing occupational therapists in hearings before the Discipline or Fitness to Practise Committees

• Appealing decisions from the ICRC to HPARB

• Representing occupational therapists in registration and fitness to practise matters before HPARB

• Appealing HPARB or Discipline Committee decisions to the Divisional Court

• Assisting with criminal or quasi-criminal proceedings under the Criminal Code or Provincial Offences Act

• Representing in civil litigation before the Superior Court of Justice

• Assisting in applications for registration and making submissions to the Registration Committee

• Handling audits, quality assurance programs, and advising on compliance with the Regulated Health Professions Act (“RHPA”), Occupational Therapy Act, 1991, and other relevant regulations

• Advising on professional practice issues such as record-keeping, privacy, billing, insurance, and reporting requirements

Why Choose ALF?

• Proven Results: We have a strong track record of achieving favorable outcomes for regulated professionals.

• Respected Advocacy: Our written and oral advocacy is highly regarded across tribunals and courts.

• Competitive Fees: We provide top-tier representation at reasonable rates.

Contact Us Today

If you are an occupational therapist facing a complaint, investigation, or disciplinary action, it is in your best interest to retain experienced counsel immediately. ALF’s team of legal experts will help you navigate these complex regulatory matters, minimizing reputational and financial risks.

Contact us today for a confidential consultation. Let ALF’s skilled lawyers safeguard your career and professional standing.