Dr. Nancy Di Santo

In a professional discipline matter, the registrant sought reconsideration after failing to deliver written submissions on penalty and costs by the agreed deadline.

The Panel held it was functus once it had released its final decision and found no authority in the governing legislation or committee rules to reopen the matter.

In any event, it would not have exercised any such discretion because counsel ignored follow-up communications, sought no extension, and offered no adequate explanation for the delay.

The request to reconsider the released penalty and costs decision was refused.

In a professional discipline penalty and costs decision, the panel addressed the mandatory consequences of a finding that a registrant sexually abused a patient by engaging in sexual intercourse.

Applying the mandatory penalty provisions, the panel held that revocation and a reprimand were required.

The panel also ordered reimbursement to the College for therapy and counselling funding already accessed by the patient and found this to be an appropriate case for a substantial costs order because the member’s conduct unnecessarily prolonged the hearing and increased expense.

The College recovered two-thirds of its actual costs, and the patient-identity publication restriction remained in place.

Following a finding that the member sexually abused a patient by engaging in intercourse, the College brought a written motion for an immediate interim suspension pending penalty and for an expedited penalty hearing.

The member did not oppose the relief sought.

The panel held that s. 51(4.2) of the Health Professions Procedural Code required an immediate suspension where the sexual abuse involved intercourse and left no discretion.

The motion was granted and the penalty hearing was directed to proceed on an expedited basis.

In a professional discipline hearing, the panel found that a dentist committed professional misconduct by engaging in sexual relations with a patient who was not his spouse within the meaning of the governing health professions legislation.

The panel rejected the respondent’s position that a same-day proxy Islamic divorce and private Islamic marriage rendered the patient his spouse, finding the evidence unreliable and, in any event, insufficient for recognition under Canadian law.

The panel also found a boundary violation where the respondent co-signed a patient’s mortgage and became a co-mortgagee on the property.

The allegations were proven on a balance of probabilities, including sexual abuse of a patient and disgraceful, dishonourable, unprofessional or unethical conduct.

Professional discipline decision arising from a member's admissions that she performed or billed for fixed prosthodontic treatment despite an undertaking and remediation order restricting that work, and that she used a business name inconsistent with the register.

The panel held that the agreed facts substantiated all allegations of professional misconduct on a balance of probabilities and emphasized the member's disregard for patient protection and regulatory obligations.

Applying the public-interest standard for joint submissions, the panel accepted a jointly proposed sanction consisting of a reprimand, an eight-month suspension, extensive practice conditions, mentoring, monitoring, and costs.

A publication ban protected the identity of patients named in the notice of hearing and agreed statement of facts.

In a professional discipline hearing, the member admitted allegations involving sexual impropriety with a patient who was also an employee, and longstanding sexual harassment and degrading conduct toward staff in a dental practice.

The panel found professional misconduct proven on the member’s admissions and the agreed statement of facts.

Applying the public-interest standard governing joint submissions on sanction, the panel accepted a joint submission for reprimand, immediate revocation of the certificate of registration, and $10,000 in costs.

The panel held that revocation was necessary for public protection, denunciation, deterrence, and maintenance of public confidence in the profession.

In this professional discipline penalty decision, the panel determined the appropriate sanction after findings that the member repeatedly breached an undertaking restricting his practice, contravened terms on his certificate, misled the regulator, failed to respond appropriately to College inquiries, and engaged in disgraceful, dishonourable, unprofessional and unethical conduct.

The panel held that the misconduct demonstrated prolonged and escalating refusal to accept the regulator’s authority and rendered the member ungovernable.

Emphasizing public protection, the panel found that remedial measures would not be effective and directed revocation of the member’s certificate of registration.

A publication ban protecting patients’ identities remained in force.

In a professional discipline hearing, the panel found that the member repeatedly breached a practice undertaking and certificate restrictions by initiating and providing prosthodontic and implant-related treatment after agreeing not to do so.

The panel also found that the member gave inaccurate information to the regulator about the scope of post-undertaking treatment and failed to respond appropriately to a written records request concerning a patient file.

Applying the civil balance of probabilities standard, with clear, convincing and cogent evidence, the panel accepted the investigators' evidence and rejected the member's interpretation that screw-retained prostheses fell outside the undertaking.

Findings of professional misconduct were entered on all pursued allegations in both notices of hearing.