Ontario (College of Chiropodists of Ontario) v. Lustig, 2021 ONCOCOO 8

Indexed as:

Ontario (College of Chiropodists of Ontario) v. Lustig,

2021 ONCOCOO 8

IN THE MATTER OF a Hearing directed

by the Inquiries, Complaints and Reports Committee of

the College of Chiropodists of Ontario

pursuant to Section 26(1) of the Health Professions Procedural Code

being Schedule 2 of the Regulated Health Professions Act, 1991,

S.O. 1991, c. 18, as amended.

BETWEEN:

COLLEGE OF CHIROPODISTS OF ONTARIO

and -

ALAN LUSTIG, D.P.M.

PANEL MEMBERS:

Eliot To

Chair, Professional Member

Douglas Ellis

Public Member

Melanie Atkinson

Professional Member

COUNSEL FOR THE COLLEGE:

Debra McKenna

COUNSEL FOR THE MEMBER:

Daniel Libman

INDEPENDENT LEGAL COUNSEL:

Luisa Ritacca

Hearing Date:

July 26, 2021

Decision Date:

July 26, 2021

Release of Written Reasons:

August 23, 2021

DECISION AND REASONS

This matter came on for hearing before a Panel of the Discipline Committee on July 26, 2021. With the consent of the parties, this matter was heard by videoconference.

College counsel filed a motion record seeking a stay of the allegations contained in the Notices of Hearing, as described below. Counsel for the Member joined in this request.
At the conclusion of the hearing, the Panel advised the parties that it would grant the orders requested. These are the reasons for the Panel’s decision.

The Allegations

Notices of Hearing were issued on February 13, 2020, February 16, 2021 and April 9, 2021 making allegations against Alan Lustig (the “Member”). The full Notices of Hearing are attached to the end of this decision.

Motion

The College moves for the following orders:

(a) An order permanently staying the discipline proceedings against the Member;

(b) An order directing the Registrar to post on the public register a summary of the allegations, as set out in the Notice of Hearings dated February 3, 2020, February 16, 2021 and April 9, 2021, and a notation that the allegations have been permanently stayed; and

(c) An order directing the Registrar to post on the public register a summary of the signed undertaking provided by Mr Lustig dated July 17, 2021.

The Member consents to the order sought by the College.
On July 17, 2021, the Member signed an Undertaking and Acknowledgement in which he agreed to permanently resign his registration with the College and never re-apply, on the basis that the College would seek an order staying these discipline proceedings. The Undertaking and Acknowledgment provides that, if the Member breaches it, the stay will be lifted and the allegations against him will be addressed by the Discipline Committee at a full hearing.
The Member has resigned from the College.

Reasons for Decision

The issue before this Panel is whether it would be consistent with the College’s mandate to protect the public interest to resolve this proceeding by way of resignation and an undertaking not