Where a hearing panel’s penalty decision falls within a reasonable range of outcomes, deference should be given to that committee’s decision in light of its expertise

Administrative law – Decisions reviewed – College of Physicians and Surgeons – Judicial review – Appeals – Standard of review – Reasonableness – Physicians and surgeons – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with patients – Suspensions College of Physicians and Surgeons of Ontario v. Peirovy, [2018] OJ No 2341, ...

Application for declaration that mandatory revocation provisions under the Health Professions Procedural Code are unconstitutional as being ultra vires the province

27. January 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Professional misconduct – Sexual relations with patients – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction of court – Legislation – Constitutional issues – Ultra vires Hanif v. Ontario, [2014] O.J. No. 5549, 2014 ...

Dr. Marvin Sazant (“Dr. Sazant”) was unsuccessful on appeal from an interim and final decisions of the Discipline Committee of the College of Physicians and Surgeons of Ontario (“the College”) that had revoked his licence to practice medicine, and ordered costs against him for professional misconduct arising out of historical sexual conduct with three young males

29. March 2011 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Investigations – Powers of investigator – Physicians and surgeons – Disciplinary proceedings – Sexual relations with patients – Penalties – Charter of Rights and Freedoms – Search and seizure – Remedies – Charter relief – Availability – Legislation – Ultra vires ...

The College of Chiropractors of Ontario appealed a decision of the Divisional Court which had overturned a decision by a panel of the College’s Discipline Committee finding the Respondent Chiropractor guilty of professional misconduct of having sexually abused a patient, and revoking his certificate of registration pursuant to a zero-tolerance mandatory revocation provision in the Health Professions Procedural Code in situations where a member of a regulated health profession has sexual intercourse with a patient. The Court of Appeal found that the Divisional Court had erred in law by imposing on a discipline committee the obligation to enquire into whether the sexual relationship of the parties arose out of their spousal relationship or their doctor-patient relationship in order to determine whether there was sexual abuse. The Court of Appeal allowed the appeal, set aside the decision of the Divisional Court and restored the decision of the Discipline Committee.

Administrative law – Decisions of administrative tribunals – Chiropractors – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Spousal relationship – Treating family members – Statutory provisions – Penalties and Suspensions – Judicial review – Compliance with legislation – Evidence Leering v. College of Chiropractors of Ontario, [2010] O.J. ...

The Appellant chiropractor appealed a decision of the discipline committee of the Respondent College, which had found him guilty of professional misconduct because he had sexually abused a patient. The Court allowed the appeal, finding that the committee’s failure to consider the Appellant’s pre-existing intimate relationship with the alleged victim, before she became a patient, or to consider the College’s policies regarding treatment of family members, rendered its decision unreasonable.

25. November 2008 0
Administrative law – Decisions of administrative tribunals – College of Chiropractors – Chiropractors – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Sexual relations with patient – Spousal relationship – Treating family members – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Leering v. College of Chiropractors of Ontario, [2008] O.J. ...

A physician appealed a decision of the Divisional Court upholding the finding of the Discipline Committee of the College of Physicians and Surgeons of Ontario that he was guilty of sexual abuse of a patient. The Appellant argued that he ought to be exempted from the College’s zero tolerance policy regarding sexual relations with patients, on the basis that he had a “spousal” relationship with the patient. The Court dismissed the appeal, finding that the College’s decision met the standard of reasonableness.

26. December 2006 0
Administrative law – Decisions of administrative tribunals – College of Physicians and Surgeons – Physicians and surgeons – Disciplinary proceedings – Professional misconduct / conduct unbecoming – Sexual relations with patients – Statutory provisions – Spousal relationship – Mandatory suspensions – Judicial review – Standard of review – Reasonableness simpliciter Dr. R.A.R.  v. College of Physicians and ...