ONTARIO PHYSICIANS AND SURGEONS DISCIPLINE TRIBUNAL
Tribunal File No.: 23-010
BETWEEN:
College of Physicians and Surgeons of Ontario
College
- and -
Suman Khulbe
Registrant
PENALTY REASONS
Heard: November 24, 2025, by videoconference
Panel:
Jennifer Scott (panel chair)
Heather Badalato (physician)
Vincent Georgie (public)
Linda Robbins (public)
Janet van Vlymen (physician)
Appearances:
Kenzie Bunting, for the College
Dr. Suman Khulbe, self-represented
RESTRICTION ON PUBLICATION
Pursuant to Rule 2.2.2 of the HPDT Rules of Procedure and ss. 45-47 of the Health Professions Procedural Code, no one shall publish or broadcast the names of patients or any information that could identify patients or disclose patients’ personal health information or health records referred to at a hearing or in any documents filed with the Tribunal. In addition, there shall be a ban on publication or broadcasting of any information that could disclose the personal health information or health records of witnesses referred to at the hearing or in any documents filed with the Tribunal. There may be significant fines for breaching these restrictions.
Introduction
1In a decision released on August 22, 2025, College of Physicians and Surgeons of Ontario v. Khulbe, 2025 ONPSDT 23 (finding decision), we found that Dr. Khulbe sexually abused Patient A and engaged in disgraceful, dishonourable or unprofessional conduct when she hosted social gatherings with patients at her clinic where alcohol was served and procaine (a type of local anesthetic) administered, and in her communications with Patients B and C.
2A hearing on penalty proceeded on November 24, 2025.
3At the penalty hearing, Dr. Khulbe raised an issue that, given its nature, was heard in the absence of the public. Our reasons on this issue are contained in Appendix A and are not part of the public decision on penalty.
4At the penalty hearing Dr. Khulbe raised additional issues relating to the way the merits hearing had been conducted. Those issues are not relevant to penalty and must be raised on appeal.
Penalty
5In the finding decision, we found Dr. Khulbe sexually abused Patient A, and because of the nature of the sexual acts, we imposed an interim suspension effective 12:01 a.m. on August 23, 2025.
6There are mandatory penalties for a finding of sexual abuse of a patient. The Tribunal must reprimand the registrant, and where the sexual abuse consists of certain kinds of sexual conduct, including oral to genital contact, masturbation and touching of the patient’s genitals, it must revoke the registrant’s certificate of registration. Because the sexual abuse committed by Dr. Khulbe included this conduct (see paragraph 100 of the finding decision), the revocation of her certificate is mandatory: s. 51(5)(3) of the Health Professions Procedural Code, Schedule 2 to the Regulated Health Professions Act, 1991, SO 1991, c. 18 (Code).
7Patient A filed a victim impact statement. An impact statement should describe the harm done to or loss suffered by the victim arising from the commission of the offence. The statement should not contain criticisms of the offender, assertions as to the facts of the offence, or recommendations as to the severity of punishment: R. v. Gabriel, 1999 CanLII 15050 (ON SC) at para. 35.
8We redacted two sentences in the victim impact statement because they contained criticisms of Dr. Khulbe and/or assertions of fact relating to the misconduct. We accepted and relied upon the balance of the victim impact statement.
9Dr. Khulbe breached her professional obligations when she entered into a sexual relationship with Patient A. She knew that Patient A was going through a very difficult time in his life and despite this knowledge, she engaged in a sexual relationship with him. She took advantage of Patient A’s vulnerability both as a patient and as a person. Her conduct made him more vulnerable and has had long-term and devastating consequences on him.
Counselling
10Section 85.7 of the Code requires the College to establish a program to provide funding for therapy and counselling for persons alleging sexual abuse by a registrant. The College is entitled to recover from the registrant money paid from this program. In this case, the College requests $17,940 for funding.
11Dr. Khulbe opposes the College’s request for funding because she says she should not be forced to pay for counselling for Patient A when she is the victim. This submission shows that Dr. Khulbe has no insight into her misconduct and her obligations as a physician.
12We order Dr. Khulbe to reimburse the College $17,940 for funding provided for therapy and counselling under s. 85.7 of the Code.
Costs
13The College requests costs in the amount of $124,440 for 12 days of hearing (11 days for finding and 1 day for penalty) at the tariff rate of $10,370.
14Dr. Khulbe opposes this amount because there were delays in the hearing due to technical issues, a panel member was late on the first day of hearing, College witnesses could not be immediately located, she was cross-examined on issues that were dismissed on their merits or because proper notice had not been given by the College and the Bill of Costs is not transparent.
15Our ability to order costs comes from s. 53.1 of the Code which states:
In an appropriate case, a panel may make an order requiring a member who the panel finds has committed an act of professional misconduct or finds to be incompetent to pay all or part of the following costs and expenses:
The College’s legal costs and expenses.
The College’s costs and expenses incurred in investigating the matter.
The College’s costs and expenses incurred in conducting the hearing.
16The College was successful in this case and is entitled to costs. Rule 17.3.1 of the Health Professions Discipline Tribunals’ Rules of Procedure (Rules) states that where the College seeks costs at or below the rate in Tariff A, it is not required to provide a bill of costs.
17While the College filed a document titled Bill of Costs, it did not provide any detail. It simply provided the number of hearing days, the dates of the hearing, and multiplied the number of hearing days by the tariff rate.
18Dr. Khulbe is asking the panel to deduct from the College’s costs the time spent on factual issues which the panel did not accept. The difficulty with this argument is that the same calculation would have to be done for the factual issues that Dr. Khulbe pursued that were also unsuccessful. It would be virtually impossible to comb through 11 days of evidence and discern how much time was spent on unsuccessful factual issues for both parties.
19The College submits that Dr. Khulbe admitted the sexual abuse on the first day of hearing and ran the hearing for the next 10 days to pursue her narrative of the facts surrounding the abuse. Dr. Khulbe was entitled to challenge the factual narrative surrounding the abuse and other allegations of misconduct. But having done so and failed, she must bear the costs consequences.
20We agree that there were occasional delays in the hearing. Some delay is, unfortunately, part of the litigation process, and this hearing was not significantly delayed.
21Dr. Khulbe argues the Bill of Costs is not transparent. The Rules provide that no bill of costs is required if the College is seeking costs at the tariff rate. In other words, the College is not required to provide an itemized list of all expenses.
22For these reasons, we see no reason to deviate from the principle that the daily tariff rate is to be applied for each hearing day. The College is entitled to costs in the amount of $124,400 representing 12 days of hearing at the tariff rate of $10,370 per day.
Order
23The Tribunal orders:
Penalty
The Tribunal requires the registrant to appear before the panel to be reprimanded.
The Tribunal directs the Registrar to revoke the registrant’s certificate of registration effective January 16, 2026 at 12:01 a.m.
Costs
- The Tribunal requires the registrant to pay the College costs of $124,440 by February 16, 2026.
Reimbursement for Therapy and Counselling
- The Tribunal requires the registrant to reimburse the College $17,940 for funding provided for therapy and counselling under s. 85.7 of the Health Professions Procedural Code, and to post security acceptable to the College to guarantee the payment of this amount, by February 16, 2026.```