2 total
Physician suspended for five months and reprimanded for boundary violations and failing to obtain informed consent.
The registrant was previously found to have committed professional misconduct by failing to obtain informed consent and conducting inappropriate physical examinations of two patients.
At the penalty hearing, the Tribunal accepted a joint submission on penalty.
The registrant was ordered to be reprimanded, suspended for five months, complete an ethics and boundaries course, and pay $30,000 in costs.
The Tribunal found the penalty met the goals of public protection, deterrence, and remediation, noting the registrant's lack of prior discipline and proactive remedial efforts.
Convictions quashed for inadequate reasons and wrongful exclusion of defence evidence.
Summary conviction appeal from four assault convictions arising out of allegations by a spouse in the context of a deteriorating marriage and related family-law conflict.
The court held that the trial judge's reasons were inadequate because they did not meaningfully grapple with the live and central issue of motive to fabricate, despite a substantial evidentiary record bearing on animus, separation, removal from the matrimonial home, and pending family proceedings.
The court also held that the trial judge erred by preventing the self-represented accused from calling two defence witnesses after incorrectly treating the anticipated evidence as inadmissible hearsay, rather than hearing the evidence and ruling on admissibility as it emerged.
The appeal was allowed, the convictions were quashed, and a new trial was ordered on all four counts.
