CITATION: Miao v. College Massage Therapists of Ontario, 2024 ONSC 5678

DIVISIONAL COURT FILE NO.: DC-23-0031-0000

DATE: 20241010

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

Heeney, D.L. Corbett and Sheard JJ.

BETWEEN:

MIAO, QING

Mr Miao, self-represented

Applicant

• and -

COLLEGE MASSAGE THERAPISTS OF

Erica Richler, for the Respondent

ONTARIO

Respondent

HEARD at Brampton: October 10, 2024

ENDORSEMENT

D.L Corbett J. (Orally)

[1] The Applicant, Mr. Miao, requested an interpreter, but the request was not made to appropriate staff until shortly before the hearing. The court discussed this issue with Mr. Miao, and he indicated that he wished to proceed with the application today, with help from his daughter. We were satisfied that Mr. Miao’s daughter’s involvement did enable Mr. Miao to participate effectively in the hearing, and we are grateful to her for her assistance today.

[2] Mr. Miao, who is self-represented, has misunderstood the decision below. He applies to this court for an order of certiorari in respect to the respondent College’s “finding that the Applicant engaged in professional misconduct.”

[3] The Respondent College did not refer the matters at issue to a Discipline hearing, and the College made no finding of professional misconduct. Rather, the College disposed of the matter administratively, requiring Mr. Miao to take certain corrective actions and to obtain training respecting pertinent professional responsibilities. Based on the record below, this disposition was available to the College and is reasonable. Therefore, for the reasons that follow, the application for judicial review is dismissed.

[4] Mr. Miao is a massage therapist and is a member of the College of Massage Therapists. Members of the College of Massage Therapists are permitted to advertise their services but are not permitted to include testimonials in their advertising.

[5] The College became aware that Mr Miao’s services were promoted on a site accessed through “Google Maps” and that this promotion included testimonials. When the College inquired of Mr. Miao about the Google Maps accessed promotion, Mr. Miao responded that he had not created the site, did not control the site, and that all information on the site belonged to Google Maps and not to him. It is clear, from the record, that, however the site may have come to be, Mr. Miao was able to have it removed, and indeed, by the time of this hearing, Mr. Miao had apparently done so. The balance of the College’s remedial disposition concerns training in professionalism and mentoring. Both of these requirements are reasonable, and on the basis of Mr Miao’s conduct in this application, appropriate.

[6] Mr Miao also raises issues respecting two prior complaints – one of which was withdrawn in 2019 and the other of which is the subject of an appeal before the HPARB. The two prior complaints are not properly before this court. The first was disposed of five years ago, and the second is the subject of a second proceeding that is before the HPARB and not this court.

[7] With respect, there is no merit to this application, and no proper basis for the allegations of misconduct, let alone criminal behaviour, made against the College and its personnel by Mr Miao.

[8] The application is dismissed, with costs payable by Mr Miao to the College fixed at $10,000.00, payable within thirty days.

“D.L. Corbett J.”

I agree: “Heeney J.”

I agree: “Sheard J.”

Released Orally: October 10, 2024

Written Endorsement Released: March 19, 2025