Miller v. College of Optometrists of Ontario, 2020 ONSC 2573

CITATION: Miller v. College of Optometrists of Ontario, 2020 ONSC 2573

DIVISIONAL COURT FILE NO. 079/19

DATE: 2020-04-28

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

SACHS, BACKHOUSE and MEW JJ.

BETWEEN:

DR. GREGORY MILLER Appellant

– and –

THE COLLEGE OF OPTOMETRISTS OF ONTARIO Respondent

Michelle Gibbs, for the Appellant

Julia J. Martin and Lisa Braverman, for the Respondent

HEARD at Toronto: 26 February 2020

REASONS FOR DECISION

MEW J.

[1] This is an appeal from a decision of the respondent College finding the appellant, an optometrist, guilty of professional misconduct, namely sexual abuse of a patient as defined in s. 1(3) of the Health Professions Procedural Code (the “Code”), being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18.

[2] A discipline committee of the College (the “Panel”) determined that, during the course of a routine appointment for an eye examination, the appellant had taken a female patient