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. ...