The Risk Of Civil Lawsuits For Improper Regulatory Action

A recent decision of the Supreme Court of British Columbia reminds regulators of the importance of completing fair and impartial investigations, and of the possible consequences of improper conduct: not only can it result in the failure of regulatory action, but it could give rise to a civil claim that the regulator and its staff acted in bad faith.

Background

The British Columbia College of Nurses and Midwives (the "College") investigated Ms. Thmbran, a Registered Nurse ("RN") and Director of Care at a long-term care home. The complainant alleged that the RN covered up and failed to report a resident's inappropriate sexual behaviour towards another resident. The inspector appointed to investigate the complaint on behalf of the College was found to have misrepresented the facts to implicate the RN, such as altering the incident date to fit the long-term care home's progress notes.