Indexed as: Ontario (College of Psychologists of Ontario) v. Schmidt, 2023 ONCPD 3

DISCIPLINE COMMITTEE OF THE COLLEGE OF PSYCHOLOGISTS OF ONTARIO

IN THE MATTER OF

The Regulated Health Professions Act, 1991, S.O. 1991, c.18

and the Psychology Act, 1991, S.O. 1991, c.38

Between:

The College of Psychologists of Ontario

• and -

Dr. Darren Schmidt

DECISION AND REASONS FOR DECISION

Panel Members:

Dr. Frederick Schmidt

Chair, Professional Member of Council

Dr. Ian Nicholson

Professional Member of Council

Dr. Pamela Wilansky

Professional Member

Mr. Ilia Maor

Public Member

Ms. Nadia Mocan

Public Member

Hearing Date:

October 26, 2023

Decision Date:

November 21, 2023

Release of Written Reasons:

November 22, 2023

COUNSEL:

Nicholas Fitz and Robin McKechney, Counsel to the College of Psychologists of Ontario

Lorne Honickman and Laura Brown, Counsel for Dr. Schmidt

Emily Lawrence, Independent Legal Counsel to the Discipline Committee of the College of Psychologists of Ontario

REASONS FOR DECISION

1. This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) of the College of Psychologists of Ontario (the “College”) in Toronto on October 26, 2023. This matter was heard by way of written hearing, on the agreement of the parties and the direction of the Chair of the Discipline Committee, and as permitted by Rule 5.01 of the Discipline Committee Rules of Procedure.

2. On the consent of the parties, the College sought to withdraw all of the allegations set out in the Notice of Hearing issued on March 16, 2023 (“Notice of Hearing”) as permitted by Rule 6.01 of the Discipline Committee Rules of Procedure.

3. None of the Panel Members had any conflict in acting as Panel Members.

4. For the reasons that follow, the panel grants the College’s request to withdraw all of the allegations set out in the Notice of Hearing.

BACKGROUND

5. The allegations against Dr. Schmidt were set out in the Notice of Hearing.

6. This panel was constituted to hear this matter. On the consent of the parties, the College sought to withdraw all of the allegations set out in the Notice of Hearing issued on March 16, 2023 (“Notice of Hearing”) as permitted by Rule 6.01 of the Discipline Committee Rules of Procedure, and that the request for leave to withdraw be heard in writing.

7. The parties provided the following materials to the panel for the written hearing:

a. A Consent signed by both parties in respect of a draft Order to withdraw all of the allegations in the Notice of Hearing;

b. A standalone copy of the draft Order with two appendices, being;

i. a copy of the Notice of Hearing; and

ii. an Undertaking executed by Dr. Schmidt; and

c. Written submissions of the College.

8. In the Undertaking executed by Dr. Schmidt, he undertook and agreed:

a. to resign as a Member of the College, effective July 5, 2023;

b. to not apply or re-apply for registration as a psychologist or to provide psychological services in Ontario or any other jurisdiction in the world after July 5, 2023;

c. that the College could make appropriate enquiries to monitor compliance with the Undertaking, and that any breach of the Undertaking may result in a further investigation and possible referral to the Discipline Committee, despite any passage of time;

d. that he continued to be bound by a prior Order of the Discipline Committee dated October 4, 2022 to pay Discipline Hearing costs in the amount of $5000;

e. that he read, understood and had obtained legal advice about the provisions of the Undertaking; and

f. that the Undertaking would be posted on the College’s public register.

THE SUBMISSIONS OF THE PARTIES

9. The College made submissions that the parties had agreed to resolve the proceedings on the basis that Dr. Schmidt would provide the Undertaking summarized above. The College submitted that, given the Undertaking, the withdrawal of the Notice of Hearing is in the public interest, protects the public, and is a reasonable resolution to the Notice of Hearing.

10. Dr. Schmidt did not make separate submissions.

DECISION AND REASONS FOR DECISION

11. The Panel carefully reviewed the materials provided to it.

12. The Panel grants the College’s request to withdraw all of the allegations set out in the Notice of Hearing. The disposition of this matter by way of a withdrawal of the allegations in the Notice of Hearing is in the public interest. The public is protected because Dr. Schmidt will no longer be a member of the profession in Ontario or elsewhere. Although the proceedings will not proceed to an adjudicated resolution, the Undertaking will be accessible to the public on the College’s registration, which provides transparency and public confidence.

Dated this 21st day of November, 2023.

“Frederick Schmidt”

(Chair) Dr. Frederick Schmidt

“Ian Nicholson”

Dr./Ms./Mr.

“Pamela Wilansky”

Dr. Pamela Wilansky

“Ilia Maor”

Mr. Ilia Maor

“Nadia Mocan”

Ms. Nadia Mocan