Complaints Review Officer
Where the Registrar decides to take no further action on a complaint, the complainant has a right to request a review by the RHRA’s Complaints Review Officer (CRO). The CRO, who is appointed by the RHRA Board of Directors, operates independently of the RHRA.
The CRO will review the reasonableness of the Registrar’s consideration of the complaint and decision to take no further action. The CRO will either decide that he or she is satisfied that the Registrar’s consideration of the complaint and decision to take no further action were reasonable; or refer the complaint back to the Registrar with a recommendation for further action. During the review, if the CRO receives fresh information the CRO considers significant, he or she may refer that information back to the Registrar for further consideration.
The CRO will notify the complainant and the home of the outcome of the review. CRO decisions are final and cannot be appealed.
The RHRA Board of Directors has re-appointed Ms. Elyse Sunshine as the RHRA Complaints Review Officer for a third three-year term, beginning February 25, 2023.
Elyse was called to the Ontario Bar in 1999. She has maintained a practice in professional regulation since she was an articling student. She has over 24 years’ experience in regulatory and health law and serves as independent legal counsel (“ILC”) to several regulatory bodies. She assists associations and organizations and professionals and health care professionals by providing advice and opinions with respect to regulatory, administrative and civil matters. Elyse has experience appearing before all statutory committees of the regulatory colleges. Elyse has also represented clients before the various levels of court and at tribunals, including the Health Professions Appeal and Review Board, the Health Services Appeal and Review Board and the Ontario Human Rights Tribunal. Elyse also assists health organizations and professionals with inspections and audits, including quality assurance reviews, independent health facility inspections and out-of-hospital premises assessments.
In addition to her advocacy practice, Elyse regularly provides opinions and general advice to individuals and organizations, such as associations and regulatory bodies. She has served as general counsel for non-regulated health professions and in this regard, has assisted organizations in developing rules of practice and procedure for their committees and governance policies. In 2017, Elyse was appointed the Complaints Review Officer of the Retirement Homes Regulatory Authority. In this capacity, she reviews complaint decisions made by the Registrar and determines whether the Registrar’s handling of a complaint met the standard of reasonableness.
Elyse is very active in the health law and professional regulation communities. She is a founding Board member of the David Cornfield Melanoma Fund and a member of the Medico-Legal Society of Toronto, Ontario Bar Association, and The Advocates’ Society. She is currently an instructor in Administrative and Regulatory Law at Toronto Metropolitan University. She frequently presents to groups, organizations and regulatory bodies on issues relating to professional regulation. Elyse was named to Best Lawyers Canada for Health Care Law every year since 2015.