The appellant psychiatrist appealed a finding of incompetence and the subsequent penalty imposed by the discipline committee of the College of Physicians and Surgeons of Ontario.
The committee found the appellant incompetent due to severe deficiencies in record keeping and poor judgment in treating complex psychiatric patients.
The Divisional Court upheld the finding of incompetence, noting the committee's specialized expertise and the cumulative effect of the appellant's conduct.
However, the Court allowed the appeal regarding penalty, finding the 30-month suspension and strict practice restrictions excessive.
The Court substituted a less restrictive penalty involving video monitoring, a full-time secretary, and practice supervision.
