DISCIPLINE COMMITTEE OF THE COLLEGE OF AUDIOLOGISTS AND SPEECH-LANGUAGE PATHOLOGISTS OF ONTARIO
PANEL: Kim Eskritt Shari Wilson Satpaul Johal Singh
BETWEEN:
COLLEGE OF AUDIOLOGISTS )
AND SPEECH LANGUAGE ) Bernard LeBlanc for the
PATHOLOGISTS OF ONTARIO ) College of Audiologists and Speech-Language
) Pathologists of Ontario
- and - )
NAUMAN SHAH ) Self-represented
) Ted Marrocco
) Independent Legal Counsel
Heard: May 20, 2022
ENDORSEMENT ON MOTION
This matter came on for hearing before a Panel of the Discipline Committee on May 20,
With the consent of the parties, this matter was heard by videoconference.
At the outset, a motion was brought before the Panel. The motion, as discussed below, was brought with the consent of the Member.
Nature of Motion
The parties jointly sought an order from the Panel adjourning this matter indefinitely on grounds that the Member has signed an undertaking with the College, which includes a promise to resign from the College and not to seek to reapply for membership ever again. Submissions from College counsel indicated that this resignation further to the undertaking had already been or was in the process of being imminently completed prior to the hearing date. The undertaking, dated April 12, 2022 was entered as Exhibit 2 on the motion and confirmed that should the member seek to regain membership or ever breach any other provision of the undertaking, the allegations remaining in the Notice of Hearing filed as Exhibit 1 before the Panel may be brought forward for a full hearing before the Discipline Committee.
In the circumstances, the College submitted that an adjournment is appropriate and in keeping with the public interest.
The Member also urged the Panel to accept the request.
Decision and Reasons
- The Panel granted the motion on May 20, 2022 and an order adjourning the proceedings
sine die was issued that same day.
The Panel granted the motion because Mr. Shah has entered into an undertaking with the College to resign permanently and to cease practicing in Ontario. The Panel has no doubt that this resignation will be finalized if it has not been already. The undertaking provides that the Member will not seek membership with this College again and further provides that should he breach any provision of the undertaking, he may be the subject of a full disciplinary hearing.
The Panel is satisfied that the undertaking is consistent with the College’s obligation to act in the public interest and to above-all, act in furtherance of public protection. Permanently removing Mr. Shah from practice meets the College’s obligations and is indeed an outcome, as College counsel noted in oral submissions, which is arguably even more severe than what may have been available at a contested hearing.
The adjournment sine die, the undertaking and these reasons shall all form part of the public register and shall be available to members of the College and the public at large.
The allegations as set out in the Notice of Hearing dated February 4, 2022 are hereby adjourned indefinitely.
I, Kim Eskritt, sign this Decision and Reasons for the decision as Chairperson of this Discipline panel and on behalf of the members of the Discipline panel as listed below:
June 2, 2022
Date
Shari Wilson
Satpaul Johal Singh