Joshua Lerner

The decision concerns a medical malpractice action brought by Scott Graham against Dr. Sheldon Berger and others, arising from care received at Bridgepoint Health following a motorcycle accident.

The plaintiff alleged negligence in failing to diagnose and treat osteomyelitis, resulting in prolonged recovery.

The court found that Dr. Berger met the standard of care, relying on expert evidence and the contemporaneous medical records, and that the infection was likely seeded before the plaintiff came under Dr. Berger’s care.

The action was dismissed.

The Ontario College of Teachers brought a discipline proceeding against a member who served as a Director of Education.

The member pleaded no contest to allegations of professional misconduct involving a years-long pattern of making disrespectful, demeaning, and threatening comments to and about staff and trustees, making offensive comments about Indigenous people, falling asleep during work (including a student hearing), and throwing board property.

The Discipline Committee found the member guilty of disgraceful, dishonourable, unprofessional, and unbecoming conduct.

Accepting a joint submission on penalty, the Committee ordered a written reprimand, a four-month suspension of the member's certificate, and the successful completion of a conflict resolution course.

The College of Chiropodists of Ontario brought a motion to stay allegations of professional misconduct against the member and indefinitely adjourn the hearing.

The member consented to the order, having signed an Undertaking and Acknowledgement to permanently resign his registration, never re-apply, and pay $8,000 in costs.

The Discipline Committee granted the motion, finding that the resolution protected the public interest, served public transparency, and avoided the costs of a full hearing.

The College of Chiropodists of Ontario brought a motion to stay allegations of professional misconduct against the member and indefinitely adjourn the hearing.

The member consented to the order, having signed an Undertaking and Acknowledgement to permanently resign his registration, never re-apply, and pay $8,000 in costs.

The Discipline Committee granted the motion, finding that the resolution protected the public interest, served public transparency, and avoided the costs of a full hearing.