Parallel Proceedings

Civil Lawsuits That Become Regulatory Complaints

Clients who sue often also complain. The two processes run on different tracks with different rules.

  • Topic Parallel Proceedings
  • Sources checked November 10, 2026
Draft for legal review. This page has not yet been reviewed by Ryan J. Manilla.

Key Takeaways

  • Health professionals must report findings of professional negligence or malpractice (Code, s. 85.6.2).
  • Those findings appear on the register unless reversed on appeal (Code, s. 23(2), para. 12).
  • Health college records are generally not admissible in civil proceedings (RHPA, s. 36(3)).
  • Notify your insurer promptly about both.

Evidence Separation for Health Professionals

Under the RHPA, records of college proceedings, reports and statements prepared for them, and their decisions are generally not admissible in civil proceedings (s. 36(3)). College staff cannot generally be compelled to testify in civil proceedings about matters learned in their duties (s. 36(2)).

Reporting a Civil Finding

A finding of professional negligence or malpractice must be reported to the College as soon as reasonably practicable (Code, s. 85.6.2) and is noted on the register (s. 23(2), para. 12).

Other Professions

Non-health statutes have different rules. Assume statements can travel between processes unless counsel advises otherwise.

Frequently Asked Questions

Does settling the lawsuit end the complaint?

No. A complainant may still pursue a regulatory complaint.

Can I ask the College to pause?

You can ask, but colleges usually proceed independently.

Sources

Statutory references are to the provisions listed below, as consolidated on e-Laws when this page was prepared.

  1. Regulated Health Professions Act, 1991, s. 36 — Checked November 10, 2026.
  2. Health Professions Procedural Code (RHPA, Sched. 2), ss. 23, 85.6.2 — Checked November 10, 2026.

Keep Learning About Your Proceeding

Read how Ontario regulatory proceedings typically unfold, or compare how other regulators handle complaints, hearings and appeals.