DISCIPLINE COMMITTEE OF THE ROYAL COLLEGE OF DENTAL SURGEONS OF ONTARIO
IN THE MATTER OF: A Hearing held pursuant to the provisions of the Health Professions Procedural Code which is Schedule 2 to the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 (“Code”)
AND IN THE MATTER OF: the Dentistry Act and Ontario Regulation 853, Regulations of Ontario, 1993, as amended (“Dentistry Act Regulation”)
BETWEEN:
Royal College of Dental Surgeons of Ontario
-and-
Dr. Amir Abbas Haydarian
SUPPLEMENTARY REASONS ON PENALTY AND COSTS
RESTRICTION ON PUBLICATION
In the matter of the Royal College of Dental Surgeons of Ontario and Dr. Amir Haydarian the Discipline Panel ordered, under ss 45(3) of the Health Professions Procedural Code, that no person shall publish or broadcast the identity of any patients of the Registrant, or any information that could disclose the identity of any patients who are named in the Notice of Hearing and/or the Agreed Statement of Facts in this matter.
PANEL MEMBERS:
Dr. Richard Hunter (Chair)
Ms. Judy Welikovitch, Public Member
Dr. Nancy Di Santo, Professional Member
Dr. Nalin Bhargava, Professional Member
Mr. Rod Stableforth, Public Member
APPEARANCES:
Ms. Linda Rothstein and Ms. Glynnis Hawe, for the College
Mr. Symon Zucker, for Dr. Amir Haydarian
Ms. Luisa Ritacca, Independent Legal Counsel
Heard: June 6, 2023, in writing
Decision Date: June 6, 2023
Release of Written Reasons: June 6, 2023
SUPPLEMENTARY REASONS FOR DECISION ON PENALTY AND COSTS ISSUED FOLLOWING DR. HAYDARIAN’S REQUEST FOR RECONSIDERATION
OVERVIEW
(1) On March 20, 2023, the parties appeared before this Panel to make submissions regarding a final penalty and costs.
(2) At that hearing, the parties agreed to exchange written submissions to be filed with the Panel. The College was required to file its submissions by April 20th and Dr. Haydarian was required to do so by April 27th, 2023.
(3) Dr. Haydarian did not file submissions on April 27th, 2023. Both the Hearings Administrator and Independent Legal Counsel followed up with Mr. Zucker, counsel who appeared at the March 20th attendance. In her email, Independent Legal Counsel advised Mr. Zucker that the Panel would be meeting to make a decision on the issue of penalty and costs on May 2, 2023. Counsel did not respond to any of the follow-up communications.
(4) On May 9th, 2023, the Panel released its Reasons for Decision on Penalty and Costs, which was provided to Dr. Haydarian’s counsel via email.
(5) On May 12th, 2023, Independent Legal Counsel received an email from Nancy Tourgis, Dr. Haydarian’s counsel who was present during the first phase of this hearing, but not present at the March 20th attendance. Ms. Tourgis’ email to Independent Legal Counsel provides as follows:
Mr. Zucker is out of the country. He just sent me the Reasons of the Panel. I have asked to be copied on all communications on the Haydarian matter. Here are the Submissions on Costs of the Registrant. We ask that they, too, be place before the Panel.
(6) Ms. Tourgis attached a 5-page cost submission to her email.
(7) In response, the College provided the following submission by way of email:
The College objects in the strongest possible terms to the Member’s submissions. The Member’s responding costs submissions were due more than two weeks ago. He failed to deliver submissions by the mutually agreed deadline and failed to respond to multiple inquiries from ILC regarding the status of his costs submissions. He and his counsel were warned by ILC that if they failed to respond or file submissions that the panel would proceed to make its decision, which it did. The Member has not even provided an explanation for the delay. The submissions should not be considered by the panel.
ISSUE TO BE DETERMINED
(8) The only issue before this Panel is whether it should consider Dr. Haydarian’s cost submissions, after it has already released its decision.
DECISION AND DISCUSSION
(9) This Panel has made a final decision in respect of the appropriate penalty and costs to be order in this matter. In the circumstances, we conclude that we are functus. There is nothing in the RHPA or in the Discipline Committee Rules that grants the Panel the discretion to reopen its decision at this stage.
(10) Even if the Panel had discretion to reopen or reconsider its decision, it would not exercise such discretion in this instance.
(11) Counsel for the College and Dr. Haydarian agreed upon a timetable for the exchange of written materials on March 20th, 2023. Dr. Haydarian’s counsel received the College’s submission on April 20th, as agreed upon. Counsel did not ask for more time to complete Dr. Haydarian’s submissions. When contacted by the Hearings Administrator and Independent Legal Counsel, Dr. Haydarian’s counsel did not respond. He did not advise that he was out of the country or that Dr. Haydarian’s other counsel should be contacted. Instead, the follow-up email were not responded to.
(12) Dr. Haydarian did not provide his submissions until three days after the release of our decision. While counsel advised that her co-counsel was out of the country, she provided no explanation for Dr. Haydarian’s failure to provide his submissions in the time agreed upon or why her co-counsel did not respond to the reminder email sent after the date the submissions were due.
(13) The Panel is functus. Even if the Panel had discretion to reconsider its decision, this is not an appropriate case which to exercise such discretion. Dr. Haydarian had ample opportunity to provide this Panel with his cost submissions. He failed to do so. The Panel will not reconsider its decision, as set out in its Reasons for Decision, dated May 9, 2023.
I, Dr. Richard Hunter, sign these Reasons for Decision as Chairperson of this Discipline Panel.