Dr. Ian Nicholson

The College of Psychologists of Ontario brought professional misconduct allegations against the respondent for providing psychological services to a friend and referring him to a contract employee for an assessment.

The respondent admitted to the allegations in an Agreed Statement of Facts.

The Discipline Committee found the respondent guilty of practicing in a conflict of interest and failing to maintain professional standards.

Accepting a joint submission on penalty, the Committee ordered a reprimand and a one-month suspension, which was suspended on the condition that the respondent complete ethics courses.

The defendant Gregory Carter brought a motion for summary judgment to dismiss the action against him, primarily relying on expert witness immunity.

The plaintiff Rory Sheehan had sued Carter for a report prepared for his ex-wife's family law proceedings, alleging issues with Carter's qualifications as a Psychological Associate and his out-of-court statements regarding his credentials.

The court found that Carter's role as an expert witness, including his report and related out-of-court communications about his qualifications, fell within the scope of absolute expert witness immunity.

The court also noted serious causation and damages issues for the plaintiff.

The motion for summary judgment was granted, dismissing the action against Gregory Carter.