honest contractual performance as recognized in Bhasin. She was
ordered by Gibson J. to execute the parenting coordinator agreement, and she must do so. She may, as stipulated by Mr. Benmor,
select the ground on which an award can be appealed.
 For the foregoing reasons, I do not think the challenged
paragraphs of the orders of Fitzpatrick J. and Gibson J. are invalid or unenforceable.
 As far as the income tax issue is concerned, I agree with
Mr. Benmor that the applicant is required to furnish copies of her
income tax returns. She has not done so.
 At this point, I will not make a formal order of contempt.
Rather, I will give the parties 30 days, after which I will, if necessary, convene a further hearing at 9:00 a.m. on any day I am sitting in Milton, by arrangement through the trial coordinator.
I will also reserve on the question of costs until at least 30 days
have elapsed, and I will invite written submissions on costs if the
parties cannot agree.
The Christian Medical and Dental Society of Canada
et al. v. College of Physicians and Surgeons of Ontario;
Attorney General of Ontario et al., Intervenors
[Indexed as: Christian Medical and Dental Society of Canada v.
College of Physicians and Surgeons of Ontario]
2018 ONSC 579
Superior Court of Justice, Divisional Court, Wilton-Siegel, Lococo and
Matheson JJ. January 31, 2018
Charter of Rights and Freedoms — Equality rights — College of Physician and Surgeons policies that require doctors to provide effective
referral to another health care provider if they are unwilling to provide
care or assisted dying for religious reasons and to provide emergency
care when it is necessary to prevent imminent harm even where it conflicts with their religious beliefs not discriminating against religious
doctors contrary to s. 15 of Charter — Canadian Charter of Rights and
Freedoms, s. 15.
Charter of Rights and Freedoms — Freedom of conscience and religion — College of Physician and Surgeons policies that require doctors
to provide effective referral to another health care provider if they are
unwilling to provide care or assisted dying for religious reasons infringing doctors’ freedom of religion under s. 2(a) of Charter — Infringement
justified under s. 1 of Charter — Policy which requires doctors to provide emergency care when it is necessary to prevent imminent harm