Protect Your Practice, Reputation, and Career

If a patient has filed a complaint with the College of Physiotherapists of Ontario (“CPO”), it is crucial to have an experienced and skilled professional discipline lawyer at your side. ALF regularly defends physiotherapists in proceedings before the CPO. Facing allegations of professional misconduct or a patient complaint can be stressful, frustrating, and time-consuming. Entrusting your case to ALF means you will have an experienced advocate guiding you through the complaints and discipline process. We understand the potential consequences that complaints and misconduct allegations can have on your reputation and finances. Your livelihood may depend on having the complaint dismissed or allegations found to be without merit. Our lawyers work tirelessly and strategically to protect your interests. Additionally, ALF collaborates with a network of expert witnesses to provide comprehensive support through the CPO process.

Investigations and Audits by the College

ALF’s physiotherapist defence lawyers possess extensive expertise in helping physiotherapists navigate the investigatory stage of a CPO complaint. We also assist with CPO audits, ensuring you are thoroughly prepared. The sooner a physiotherapist retains quality legal counsel, the better the chance we have of safeguarding your reputation, license, and financial future. In an audit, we work with you to ensure that everything is in order. During an investigation, we make sure that all relevant information demonstrating your competence and integrity is presented to the investigator, giving the College the tools it needs to dismiss the complaint against you.

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

ALF assists physiotherapists in making submissions to the ICRC, which screens complaints and can refer a physiotherapist to the Discipline Committee for a hearing regarding professional misconduct or incapacity. If the ICRC does not refer the complaint to the Discipline Committee, it may instead issue a caution, require a specialized continuing remediation and education program (“SCERP”), or take any other action it deems appropriate.

It is essential to consult with a lawyer at this stage of the complaint process. Even if the complaint is not referred to the Discipline Committee, cautions and SCERPs are published on the CPO’s online register, which can result in reputational and financial damage. ALF’s physiotherapist defence lawyers are skilled at crafting persuasive, well-reasoned written submissions to encourage the ICRC to dismiss the complaint. Early intervention can save you time, money, and protect your reputation.

Hearings Before the Discipline Committee

Discipline Committee hearings involve calling and cross-examining witnesses, presenting evidence, and making submissions before the panel. ALF’s physiotherapist defence lawyers bring decades of experience in these areas, honed in tribunals and courtrooms across Ontario.

A carefully executed and effective cross-examination of witnesses can lead to the dismissal of professional misconduct charges. Success in these hearings relies on thorough preparation, targeted questioning, and the ability to adapt to witness responses in real-time. ALF’s lawyers bring these attributes to your defence, ensuring your case is presented effectively and competently.

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

If the ICRC reaches an unfair or unreasonable decision, physiotherapists have the right to appeal to the Health Professions Appeal and Review Board (“HPARB”). Appeals involve reviewing the record of the proceedings before the ICRC, preparing written legal arguments, and potentially making oral arguments before a panel.

ALF’s physiotherapist defence lawyers bring their appellate expertise to your case. We will examine the record of your proceeding in detail, identify errors, and develop powerful arguments to help you succeed in your appeal. Our lawyers’ trial and appellate experience provide the necessary perspective to find legal flaws that will strengthen your case.

Written advocacy is crucial for success in appeals, and ALF’s expertise in written submissions is unmatched. Our lawyers have honed their advocacy through years of preparing arguments for Ontario tribunals and courts, including the Divisional Court, the Court of Appeal for Ontario, and the Supreme Court of Canada. When it’s time to argue your appeal, we will be fully prepared to present your case persuasively.

Judicial Review at the Divisional Court

If HPARB upholds an unfavorable decision, you may seek judicial review of HPARB’s decision at the Divisional Court of Ontario. The Divisional Court also reviews decisions made by the Discipline Committee. Judicial reviews involve examining the record of the proceedings below, preparing legal arguments, and making oral submissions before a panel of Ontario Superior Court judges.

ALF’s physiotherapist defence lawyers have extensive experience arguing cases before the Divisional Court and will pursue every available avenue to protect your reputation, license, and financial well-being.

How ALF Can Assist You

ALF is committed to assisting physiotherapists in responding to complaints, disciplinary hearings, and other regulatory matters before the College of Physiotherapists of Ontario. Our lawyers have years of experience acting as external legal counsel for health colleges governed by the Regulated Health Professions Act (“RHPA”) and are well-versed in professional regulation and discipline.

We can assist physiotherapists in a wide range of matters, including:

• Responding to complaints and investigations at the CPO’s Inquiries, Complaints, and Reports Committee (“ICRC”)

• Representing physiotherapists in hearings before the CPO Discipline or Fitness to Practice Committees

• Appealing decisions of the ICRC to the Health Professions Appeal and Review Board (“HPARB”)

• Representing physiotherapists in hearings and reviews of Registration Committee decisions before HPARB

• Appealing decisions from HPARB, the Discipline Committee, or the Fitness to Practice Committee to the Divisional Court

• Representing physiotherapists in criminal or quasi-criminal proceedings under the Criminal Code or Provincial Offences Act

• Representing physiotherapists in applications and civil litigation before the Superior Court of Justice

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

• Assisting physiotherapists with audits and quality assurance programs

• Advising physiotherapists on compliance with the RHPA, Physiotherapy Act, 1991, and other relevant legislation and regulations

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

Contact ALF for a confidential consultation today and let us help protect your professional career.

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.

If you are a physiotherapist facing a complaint or investigation, it’s crucial to act quickly. By working with an experienced defense lawyer from the outset, you can protect your practice, reputation, and livelihood.

Contact Us Today

Get in touch with us today to schedule a confidential consultation. Whether in-person, by phone, or virtually, the ALF team is here to guide you through this challenging process with expertise and dedication.