Indexed as: Ontario (College of Optometrists of Ontario) v. Cheung, et al.,
2016 ONCO 1
THE DISCIPLINE COMMITTEE OF THE COLLEGE OF OPTOMETRISTS OF ONTARIO
Panel: Dr. Jim Hoover, Chair Professional Member Dr. Patrick Quaid Professional Member of Council Dr. Linda Bathe Professional Member Ms. Shoshana Gladstone Public Member of Council Mr. John Van Bastelaar Public Member of Council
BETWEEN
The College of Optometrists of Ontario Ms. Julia Martin, Counsel for the College of Optometrists of Ontario
-and-
Dr. Kar Man Cheung Dr. Suzan Sarkies Dr. Vivian Li Dr. Emad Eskander (the ‘Members’)
Mr. Neil Abramson, Counsel for Drs. Cheung, Sarkies, Li and Eskander
Ms. Alexandra Wilbee, Independent Legal Counsel
Hearing Date: April 5, 2016
Decision Date: April 5, 2016
Release of Written Reasons: April 26, 2016
DECISION AND REASONS
A panel of the Discipline Committee of the College of Optometrists of Ontario held a hearing on Tuesday, April 5, 2016 to consider allegations of professional misconduct against Drs. Suzan Sarkies, Kar Man Cheung, Vivian Li and Emad Eskander. This hearing began as scheduled at 10:00 a.m. The Chair introduced the panel members and our independent legal counsel to those present and also acknowledged the various members of the prosecution and defense in attendance.
The Chair indicated that the hearing was open to the public and neither prosecution nor defense requested that the hearing be closed.
Ms. Julia Martin, counsel for the College, filed the Notice of Hearing as Exhibit 1 and the Affidavits of Service as Exhibit 2. The allegations against the Defendants as stated in the Notice of Hearing were as follows:
That in or about 2014, you committed acts of professional misconduct under paragraphs 14 and 24 of section 1 of Ontario Regulation 119/94 made under the Optometry Act 1991, S.O. 1991, c. 35, as set out in the particulars which are contained in Appendix “A” to this Notice of Hearing.
Also, the following allegation about Dr. Cheung, Dr. Sarkies and Dr. Li:
That in or about 2014, you committed acts of professional misconduct under paragraph 39 of section 1 of Ontario Regulation 119/94 made under the Optometry Act 1991, S.O. 1991, c. 35, as set out in the particulars which are contained in Appendix “A” to this Notice of Hearing.
Ms. Martin explained that paragraph 19 of Appendix A to the Notice of Hearing is withdrawn with respect to Dr. Li only.
Mr. Neil Abramson, counsel for the Members, stated that the Members plead guilty to the allegations as set out in the Notice of Hearing. Their admissions of guilt were confirmed by the Chair to be voluntary, informed, and unequivocal by way of an oral plea inquiry.
Ms. Martin presented the panel with an Agreed Statement of Facts which was entered into evidence as Exhibit 3. The parties agreed that the following facts constitute an accurate statement