Derek Logan Hooper

The College of Physicians and Surgeons of Ontario brought disciplinary proceedings against the registrant for sexual abuse of a patient and disgraceful, dishonourable, or unprofessional conduct.

The registrant did not contest the allegations that he engaged in a physical sexual relationship with a patient, altered clinical records to conceal an appointment, and provided false information to police.

The Tribunal found the registrant committed sexual abuse and professional misconduct.

Pursuant to a joint submission and the mandatory revocation provisions of the Health Professions Procedural Code, the Tribunal ordered the revocation of the registrant's certificate of registration, a reprimand, reimbursement of $20,470 for patient therapy, and $6,000 in costs.

This is a costs endorsement from the Court of Appeal for Ontario.

The parties settled the issue of costs for the appeal.

The appellant, Anna Barbiero, was ordered to pay the respondent, Dr. Sheldon Victor Pollack, $10,000 in costs, inclusive of disbursements and applicable taxes.

The appellant, Anna Barbiero, sought to overturn the dismissal of a 21-year-old certified class proceeding against Dr. Sheldon Victor Pollack for unlawfully injecting Liquid Injectable Silicone.

The motion judge dismissed the action for inordinate and inexcusable delay.

The Court of Appeal upheld the dismissal, emphasizing the need for a "culture shift" in civil justice to combat delay, finding the Langenecker approach to delay out of step with the Supreme Court of Canada's Hryniak decision.

The court found the 21-year delay inordinate and inexcusable, and the appellant failed to demonstrate error in the prejudice analysis or the exercise of discretion.