Grant Ferguson
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Grant Ferguson

Tel: 416.594.4682

With a background in medical sciences and a degree in pharmacology, Grant is able to knowledgeably communicate with medical professionals and effectively present their unique points of view.

Informations about

Biography

GRANT FERGUSON is an experienced hearing and appellate lawyer with a focus on administrative law, tribunal litigation (including the HRTO), and representation of professionals at their colleges. Grant’s background is in the medical sciences, with experience in nursing. This allows him to knowledgeably communicate with medical professionals and effectively present their unique points of view.

Grant’s calm and professional demeanor has forged a reputation for excellence in mediation and the resolution and arbitration of disputes and complex legal cases outside of court. He has extensive hearing and trial experience and numerous reported decisions at tribunal and appellate level courts.

Grant has argued before most of the regulated health professional colleges in Ontario.  He has also successfully defended such matters at the Health Professions Appeal and Review Board.  Grant has appeared and won cases many times at the Human Rights Tribunal of Ontario, the Superior Court of Justice for Ontario, the Court of Appeal, and has made successful submissions at the Supreme Court of Canada.

Grant is a frequent presenter and lecturer. He has been actively involved for many years in the University of Toronto Mandatory Mooting program as a mentor and evaluator. He has given numerous presentations to clients, lawyers and before professional bodies on his areas of expertise including legislative regulation, privacy law, HRTO cases, tribunal decision and appeals.

Grant is a member of the Canadian and Ontario Bar Associations, the Toronto Lawyers Association and MENSA. Grant also teaches and is active in Shotokan and Goju-Ryu karate.

 

Representative Work

Superior Court Matters

  • Successful motion brought to determine the role and importance of litigation guardians in litigation. Murray v. Children’s Centre Thunder Bay, 2010 ONAC 845
  • Successful summary judgment motion, striking plaintiff’s claim and defining standard to be applied for such a successful defence. Bouzide v. HMQ et al., 2010 ONSC 4140
  • Use of Anns test to dismiss and/or re-define a “per quod” action with the striking of claims on basis of duty of care. Murray v. Children’s Centre Thunder Bay & Murray, 2011 ONSC 520 (CanLII)
  • Successful summary judgment on issue of occupier’s rights and standard of care applicable to malls. Referenced in National Post https://nationalpost.com/tag/sandra-cartini. Cartini v 156 Square One Ltd., 2016 ONSC 8151 (CanLII)
  • Successful striking of Human Rights Application for delay. Use of s. 34 of the Code to strike human rights applications. Christie v. Lance Krasman Memorial Centre for Community Mental Health, 2014 HRTO 161 (CanLII)

 

College and Appeal Matters

  • Successful Appeal defence of College’s authority over definitions of confidentiality in practice. V. v. K.J., 2011 CanLII 11602 (ON HPARB)
  • Successful defence on appeal on standard of care of nurses in violence situations at work. KAR v SH, 2011 CanLII 56579 (ON HPARB)
  • Successful defence on appeal of standard of care in dental hygiene. JO v JF, 2011 CanLII 80669 (ON HPARB)
  • Successful defence on appeal of insurance-defence Occupational Therapist standard of practice. D.B. v V.T., 2016 CanLII 8308 (ON HPARB)
  • Successful defence on appeal of insurance-defence Occupational Therapist standard of practice, B. v V.T., 2016 CanLII 8307 (ON HPARB)
  • Set standard for cases for patient safety and standards of reporting. Also lowered penalty standard by expanding non-punitive remedies available to College. Fisher v. St. Joseph’s 2017 CanLII 49375
  • Allowed continued practice following assault conviction. Kept penalty low through educational remedies and submissions. Lauzon ats CNO, 2017 CanLII 70678
  • Successful defence on appeal on obligation of defence OT’s to produce records to plaintiff’s counsel, L. v V.T., 2017 CanLII 80945 (ON HPARB)
  • Successful defence on appeal on standard of care in retirement homes for administrator RNs. J. v B.M., 2018 CanLII 61058 (ON HPARB)
  • Successful defence on appeal on standard of care in retirement homes for manager RNs. J. v R.M., 2018 CanLII 61065 (ON HPARB)
  • Successful defence on appeal of standard of care in half-way houses. B. v L.L., 2017 CanLII 10444 (ON HPARB)
  • Successfully allowed continued practice, withdrawing of serious complaints and protection against criminal charges. Redefined ranges of damages to support a nurse’s continued access to practice. CNO v. Tugade, 2018 CanLII 129013
  • Successfully defended continued practice notwithstanding criminal convictions including non-reporting of criminal allegations. Narrowed punitive range for criminal conviction cases to allow nurses to continue their license and livelihood. CNO v. Marr, 2019 CanLII 129291
  • Successful defence and defining the standard of review on appeal for administrator RN. M. v. C.C., 2020 CanLii 65932 (HPARB)
  • Successful defence of the actions of public health nurses and solidifying the standards of appeal applicable to College appeals. P. v. E.M., 2021 CanLii 7968

 

Various

  • From 2005-2021, over 200 total cases defended protecting RN and RPN nurses’ rights and careers at the College of Nurses
  • In each case, subject to varying facts, there has been a successful resolution of matters, allowing nurses to continue their practice through ADR, mediation, ICRC, Fitness to Practice and Disciplinary defences
  • Successfully conducted first online hearing at the College of Nurses of Ontario in 2020
  • Successfully conducted first Zoom and CaseLines-operated hearing at College of Nurses of Ontario
  • Pioneered first mediation ADR process at College of Occupational Therapists of Ontario
  • Successful defences of more than 50 other professional college matters before the College of Occupational Therapists of Ontario, College of Pharmacists of Ontario, College of Chiropodists of Ontario, College of Physiotherapists of Ontario and the College of Registered Psychotherapists of Ontario
  • Successful defences at Court of Appeal of Ontario in issues of standards for summary judgment, litigation guardians, Rule 20 and 21 motions and successful leave defences at the Supreme Court of Canada

Speaking Engagements

  • Causation in Tort, Client Seminar, 2017
  • International Conference of Shopping Centers, Principal Speaker, 2017
  • Negligent Investigation, Insurance Symposium, 2018
  • Presentation on settlement of cases, OBA Insurance Law Sections, 2019
  • Occupier’s Liability Developments, Client Seminar, 2019
  • Human Rights Update – Where Might this Lead?, Insurance Symposium, 2019
  • 2020 Developments in Sports and Recreation Law, First Annual Stieber Berlach Webinar, 2020
  • Human Rights Cases in the Age of COVID-19, legal update, 2021

Publications

  • “A liposomal hydrogel for the prevention of bacterial adhesion to catheters,” Biomaterials, Volume 19, Issue 20
  • “Tort Issues in Landlord and Tenant Situations,” International Conference of Shopping Centers, 2017
  • “Settlement Options,” Ontario Bar Association Insurance Law Section Institute, 2019
  • “Human Rights Damages Updates and Liabilities,” 2019
  • “2020 Developments in Sports and Recreation Law,” paper and legal review, 2019
  • Case updates and summaries, Stieber Berlach website, 2021

Education

  • BSc. Pharmacology Honours (with High Distinction), University of Toronto
  • J.D. (with Distinction), University of Toronto
  • Certificate in Adjudicative Tribunals, Ontario Bar Association
  • MENSA Member
  • Masters Member, Northern Karate Schools