Matthew Zaia

The Discipline Committee held a penalty hearing after finding the member engaged in professional misconduct by having an inappropriate relationship and sexual intercourse with a vulnerable student, and failing to report the student's mental health issues.

The College sought revocation, while the member sought a suspension, citing her religious conversion and remorse.

The Committee ordered the immediate revocation of the member's Certificate of Qualification and Registration and a written reprimand, emphasizing the egregious nature of the conduct, the profound impact on the student, and the need for specific and general deterrence.

The Committee confirmed the member could apply for reinstatement after one year, as the conduct pre-dated the mandatory revocation provisions for sexual abuse.

The appellant physician was found to have committed professional misconduct involving sexual abuse of a patient, resulting in the mandatory revocation of his certificate of registration.

He brought a motion for a stay of the penalty pending his appeal to the Divisional Court.

The court applied the RJR-MacDonald test and dismissed the motion, finding that the appellant would not suffer irreparable harm and that the balance of convenience, given the public interest in a zero-tolerance approach to sexual misconduct by health professionals, weighed heavily against granting a stay.