Date: 2026-01-30

File No.: 21-0851, 21-0852

BETWEEN:

Royal College of Dental Surgeons of Ontario

-and-

Dr. Muthanna Gewarges

PANEL MEMBERS:

Judy Welikovitch, Chair, Public member Peter Delean, Professional Member Luisa Ritacca, Subject Matter Expert

PARTIES:

Linda Rothstein, for the College Dr. Gewarges, not represented

Motion in Writing: December 15, 2025

Decision Date: January 30, 2026

ENDORSEMENT

These matters were heard by way of written Notice of Motion. Materials submitted by the Registrant (the “Registrant” or “Dr. Gewarges”) and counsel for the Royal College of Dental Surgeons of Ontario (the “RCDSO” or the “College”) were reviewed and considered by a panel of the RCDSO Discipline Committee (the “Panel”).
The Motion concerns two Notices of Hearing, namely RCDSO matter numbers 21-0851 (“NOH 1” or “Matter 1”) and 21-0852 (“NOH 2” of “Matter 2”).
The Panel deliberated and considered the motion for an adjournment of Matters 1 and 2 on a sine die basis provided that Dr. Gewarges complies with the terms of a written undertaking signed by him on April 29, 2025.

The Allegations

Both NOH 1 and NOH 2 were issued by the College on October 20, 2021.
In NOH 1, the College alleged that Dr. Gewarges committed acts of professional misconduct, as follows:

(a) That in or around the years 2018 and/or 2019, the Registrant sexually abused a patient, contrary to s. 51(1)(b.1) of the Health Professions Procedural Code (the “Code”), being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, C. 18 (the “RHPA”);

(b) That during the year 2021, the Registrant committed professional misconduct, contrary to s. 51(1)(c) of the Code in that he contravened a provision of the Dentistry Act, 1991, Statutes of Ontario, 1991, C. 24 (the “DA”), the RHPA or the Regulations under either of those Acts, contrary to paragraph 48 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended (the “Regulation”), by reason that he was found guilty of two counts under the Criminal Code of Canada, RSC 1985, c. C-46; and

(c) That during 2021, the Registrant committed professional misconduct contrary to s.51(1)(c) of the Code in that he contravened a federal, provincial or territorial law, municipal by-law or rule of a public hospital within the meaning of the Public Hospitals Act relevant to the provision of dental care to the public, contrary to Section 2(50) of the Regulation..

In NOH 2, the College repeated the allegations set forth above, but it added the following three allegations:

(a) That during the years 2016, 2017, 2018 and/or 2019, the Registrant committed acts of professional misconduct, contrary to s.51(1)(c) of the Code in that he engaged in conduct or performed an act or acts that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable, unprofessional or unethical relative to his staff members, contrary to Section 2(59) of the Regulation;

(b) That during 2021, the Registrant committed acts of professional misconduct, contrary to s. 51(1)(c) of the Code in that he contravened a term, condition or limitation imposed on his Certificate of Registration (the “Certificate”) relative to three patients, contrary to Section 2(2) of the Regulation; and

(c) That during 2021, the Registrant committed professional misconduct contrary to s.51(1)(c) of the Code by failing to abide by a written Undertaking given by him to the College or failed to carry out an arrangement entered into by him with the College, in relation to three patients, contrary to Section 2(54) of the Regulation.

Copies of the Notices of Hearing are appended to these Reasons as Appendix “A”.

Motion

The College moved a motion for an Order that the discipline hearings in Matter Nos. 21-0851 and 21-0852 be adjourned sine die provided that by then, Dr. Gewarges complies with the terms of his written undertaking dated April 29, 2025 (the “Undertaking”).
In the Undertaking, Dr. Gewarges confirms that:

(a) He resigned his membership in the College effective December 31, 2024;

(b) He is not licensed to practice dentistry in any other jurisdiction in Canada;

(c) As of the date of the Undertaking, being April 29, 2025, he agrees that he will not apply or re-apply for registration as a dentist to practice dentistry in Ontario or in any other jurisdiction in Canada;

(d) He does not have any outstanding applications for registration to practice dentistry in any jurisdiction in Canada;

(e) That since resigning his membership in the College, he understands that he cannot practice dentistry in Ontario, including pro bono dental services, and he cannot hold himself out as a dentist or use the title of “doctor” in the course of providing or offering to provide health care in Ontario, and that he will not imply that he is a dentist in Ontario or in any other jurisdiction in Canada;

(f) That he understands that if he breaches the Undertaking, the College shall, in its sole discretion, have the right to investigate and/or prosecute him for said breach and shall be able to rely on the Undertaking for that purpose; and

(g) That he understands that a notation of his referral to the Discipline Committee on allegations of professional misconduct, his resignation in the face of those allegations and his agreement never to practice again in Ontario, and a notation and synopsis of the Undertaking will be posted on the College’s public register, which is located on the College’s website.

A copy of the Undertaking is appended to these Reasons as Appendix “B”.
The Motion proceeded on the consent of the Registrant, which was provided by way of email to the Hearings Administrator of the RCDSO and copied to the College.

Decision

The Panel has reviewed the motion materials, including the Undertaking and the consent of the Registrant.
The Panel hereby adjourns this matter sine die on the terms and conditions sought by the College.

Reasons for Decision

The issue before the Panel is whether it would be consistent with the College’s mandate to protect the public interest by resolving these matters by way of resignation and an Undertaking, as presented, and an adjournment sine die, rather than by proceeding to a full hearing at which the allegations of professional misconduct would be adjudicated.
Other health colleges have resolved similar matters in this way (College of Physiotherapists of Ontario v Bararian, 2022 ONCPO 51; College of Physiotherapists of Ontario v Singh, 2023 ONCPO 63, 2023 ONCPO63; College of Chiropodists of Ontario v Bello, 2018, ONCOCOO 1; College of Chiropodists of Ontario v Pak, 2020 ONCOCOO 2).
The Registrant resigned his membership with the College effective one year ago, on December 31, 2024. He is not licensed to practice dentistry in Ontario or in any other jurisdiction in Canada.
The Registrant consents to the College’s motion.
The Panel is satisfied that Dr. Gewarges’ resignation and Undertaking, including an undertaking not to re-apply for membership, will protect the public. In this regard, the Panel is of the view that the Registrant’s Undertaking, including his agreement not to reapply for membership with the RCDSO or any other dental college in Canada, represents a greater consequence for Dr. Gewarges than could be imposed at a full hearing: absent the Undertaking, even if his registration was revoked after a full hearing, he would be entitled to reapply after a period of five years (Health Professions Procedural Code, Section 72(3)(a)).
The provisions of the Undertaking, as described, will better serve to protect the public.
The Panel is satisfied that permanently removing Dr. Gewarges from the practice of dentistry meets the College’s obligations of public protection and will better serve the public interest.
The profession, the public, and the witnesses will be better served by avoiding the costs and time that a full hearing would entail. Further, by avoiding the necessity of preparing for and testifying at a hearing, the witnesses may be spared further harm.
The College’s obligations of transparency and accountability to the public and to the profession will be well-served by the publication by the College, on its public register on its website, of a notation of Dr. Gewarges’ referral to the Discipline Committee on allegations of professional misconduct, his resignation in the face of those allegations, his agreement never to practice again in Ontario, and a notation and synopsis of the Undertaking. This will further serve as a protective measure for members of the public.
For these reasons, the Panel is satisfied, on a balance of probabilities, that the proposed disposition by way of motion on consent will serve to protect the public and is consistent with the public interest.
Accordingly, the Panel orders that the proceedings against the Registrant in Matter Nos. 21-0851 and 21-0852 are adjourned sine die, on the terms and conditions as agreed to by Dr. Gewarges in the Undertaking.

Panel Not Seized

Lastly, the Panel notes that, in the event that the College determines that it is necessary to resume the prosecution of file numbers 21-0851, 21-0852, that it is not seized with these matters

I, Judy Welikovitch, sign this Decision and Reasons for the Decision as Chair of this Discipline Panel and on behalf of the members of the Panel as listed above.

APPENDIX A

21-0851

IN THE MATTER OF a Hearing of a panel of the Discipline Committee of the Royal College of Dental Surgeons of Ontario 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”) respecting one DR. MUTHANNA GEWARGES, of the City of Shelburne, in the Province of Ontario;

AND IN THE MATTER OF the Dentistry Act and Ontario Regulation 853, Regulations of Ontario, 1993, as amended (“Dentistry Act Regulation”).

AND IN THE MATTER OF the Statutory Powers Procedure Act, Revised Statutes of Ontario, 1990, Chapter S.22, as amended; 1993, Chapter 27; 1994, Chapter 27.

TO: DR. MUTHANNA GEWARGES

Shelburne Village Dental

125 Main Street W

Shelburne ON L9V 3K3

NOTICE OF HEARING

TAKE NOTICE THAT IT IS ALLEGED THAT:

You committed an act or acts of professional misconduct as provided by s.51(1)(b.1) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18, in that in or around the years 2018 and/or 2019 you sexually abused a patient, Person A.

Particulars:

In or around the years 2018 and/or 2019, you engaged in touching of a sexual nature and/or behavior or remarks of a sexual nature towards Person A, your minor patient, who also worked in your office as a co-op student and part-time employee.
Person A became your patient on or about May 9, 2016 and continued to receive dental treatment while working in your office as a co-op student and part-time employee.
While Person A was your patient you:

o Offered to pay Person A to engage in sexual relations

o Kissed Person A

o Hugged Person A

o Brushed the sides of Person A’s breasts

o Grabbed Person A’s leg

o Made comments of a sexual nature or with sexual innuendo to Person A

You committed an act or acts of professional misconduct as provided by s.51(1)(c) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 in that, during the year 2021, you contravened a provision of the Dentistry Act, 1991, the Regulated Health Professions Act, 1991 or the Regulations under either of those Acts, contrary to paragraph 48 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended

Particulars:

On or about March 22, 2021, you were found guilty of two counts under the Criminal Code of Canada:

o Between November 1, 2018 and February 21, 2019, you committed a sexual assault on Person A contrary to section 271

o On or about February 22, 2019, being in a position of trust or authority towards Person A a young person did for a sexual purpose, touch the body of Person A a young person, with a part of your body to wit hand, contrary to section 153(1)(a)

You committed an act or acts of professional misconduct as provided by s.51(1)(c) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 in that, during the year 2021, you contravened a federal, provincial or territorial law, municipal by-law or rule of a public hospital within the meaning of the Public Hospitals Act, relevant to the provision of dental care to the public, contrary to paragraph 50 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended.

Particulars:

On or about March 22, 2021, you were found guilty of two counts under the Criminal Code of Canada:

o Between November 1, 2018 and February 21, 2019, you committed a sexual assault on Person A contrary to section 271

Such further and other particulars will be provided from time to time, as they become known.

AND TAKE NOTICE THAT the said allegations respecting professional misconduct will be heard and determined by a panel of the Discipline Committee of the Royal College of Dental Surgeons of Ontario ("panel") on a date and time to be agreed upon by the parties, or on a date to be fixed by the Chair of the Discipline Committee, at the offices of the Royal College of Dental Surgeons of Ontario, 6 Crescent Road, Toronto, Ontario, M4W 1T1, or by electronic hearing as required. You are required to appear in person or by a legal representative before the panel with your witnesses, if any, at the time and place aforesaid.

ONCE A DATE IS FIXED, IF YOU DO NOT ATTEND ON THE FIXED HEARING DATE, THE PANEL MAY PROCEED IN YOUR ABSENCE AND YOU WILL NOT BE ENTITLED TO ANY FURTHER NOTICE OF THE PROCEEDINGS.

The Code provides that if a panel finds that you have committed an act of professional misconduct, it may make an order doing any one or more of the following:

(1) directing the Registrar to revoke your certificate of registration;

(2) directing the Registrar to suspend your certificate of registration for a specified period of time;

(3) directing the Registrar to impose specified terms, conditions and limitations on your certificate of registration for a specified or indefinite period of time;

(4) requiring you to appear before the panel to be reprimanded;

(5) requiring you to pay a fine of not more than $35,000.00 to the Minister of Finance;

or any combination thereof.

Furthermore, the Code provides that if a panel is of the opinion that the commencement of these proceedings is unwarranted, it may make an order requiring the College to pay all or part of your legal costs.

The Code also provides that in an appropriate case, a panel may make an order requiring you, in the event the panel finds you have committed an act or acts of professional misconduct or finds you 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; and
the College's costs and expenses incurred in conducting the hearing.

If you have not done so already, you are entitled to and are well advised to retain legal representation to assist you in this matter.

You are entitled to disclosure of the evidence in this matter in accordance with section 42(1) of the Code. You or your representative may contact the solicitor for the College, Ms. Linda Rothstein, in this matter at:

Ms. Linda Rothstein

Paliare Roland Rosenberg Rothstein LLP

155 Wellington Street West, 35th Floor

Toronto ON M5V 3H1

Telephone: (416) 646-4300

Email: linda.rothstein@paliareroland.com

You, or your legal representative, should familiarize yourself with your disclosure obligations under law, including section 42.1 of the Code.

DATED at Toronto, this 20th day of October, 2021.

[Seal]

Royal College of Dental Surgeons of Ontario

AND IN THE MATTER OF the Dentistry Act and Ontario Regulation 853, Regulations of Ontario, 1993, as amended (“Dentistry Act Regulation”).

AND IN THE MATTER OF the Statutory Powers Procedure Act, Revised Statutes of Ontario, 1990, Chapter S.22, as amended; 1993, Chapter 27; 1994, Chapter 27.

NOTICE OF HEARING

ROYAL COLLEGE OF DENTAL SURGEONS

OF ONTARIO

6 Crescent Road

Toronto ON M4W 1T1

Telephone: 416-961-6555

Fax: 416-961-5814

21-0852

AND IN THE MATTER OF the Dentistry Act and Ontario Regulation 853, Regulations of Ontario, 1993, as amended (“Dentistry Act Regulation”).

AND IN THE MATTER OF the Statutory Powers Procedure Act, Revised Statutes of Ontario, 1990, Chapter S.22, as amended; 1993, Chapter 27; 1994, Chapter 27.

TO: DR. MUTHANNA GEWARGES

Shelburne Village Dental

125 Main Street W

Shelburne ON L9V 3K3

NOTICE OF HEARING

TAKE NOTICE THAT IT IS ALLEGED THAT:

You committed an act or acts of professional misconduct as provided by s.51(1)(b.1) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 2991, Chapter 18, in that in or around the years 2018 and/or 2019, you sexually abused a patient, Person A.

Particulars:

In or around the years 2018 and/or 2019, you engaged in touching of a sexual nature and/or behavior or remarks of a sexual nature towards Person A, your minor patient, who also worked in your office as a co-op student and part-time employee.
Person A became your patient on or about May 9, 2016 and continued to receive dental treatment while working in your office as a co-op student and part-time employee.
While she was your patient you:

o Offered to pay Person A to engage in sexual relations

o Kissed Person A

o Hugged Person A

o Brushed the sides of Person A’s breasts

o Grabbed Person A’s leg

o Made comments of a sexual nature or with sexual innuendo to Person A

You committed an act or acts of professional misconduct as provided by s.51(1)(c) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 in that, during the years 2016, 2017, 2018 and/or 2019, you engaged in conduct or performed an act or acts that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unprofessional or unethical relative to your staff members, contrary to paragraph 59 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended.

Particulars:

You created an unprofessional work environment that didn’t respect personal and professional boundaries in that you hugged and kissed staff members and permitted your staff to hug and kiss you.
You failed to establish and maintain appropriate employer-employee boundaries.

You committed an act or acts of professional misconduct as provided by s.51(1)(c) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 in that, during the year 2021, you contravened a provision of the Dentistry Act, 1991, the Regulated Health Professions Act, 1991 or the Regulations under either of those Acts, contrary to paragraph 48 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended

Particulars:

On or about March 22, 2021, you were found guilty of two counts under the Criminal Code of Canada:

o Between November 1, 2018 and February 21, 2019, you committed a sexual assault on Person A contrary to section 271

You committed an act or acts of professional misconduct as provided by s.51(1)(c) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 in that, during the year 2021, you contravened a federal, provincial or territorial law, municipal by-law or rule of a public hospital within the meaning of the Public Hospitals Act, relevant to the provision of dental care to the public, contrary to paragraph 50 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended.

Particulars:

On or about March 22, 2021, you were found guilty of two counts under the Criminal Code of Canada:

o Between November 1, 2018 and February 21, 2019, you committed a sexual assault on Person A contrary to section 271

You committed an act or acts of professional misconduct as provided by s.51(1)(c) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 in that, during the year 2021, you contravened a term, condition or limitation imposed on your certificate of registration relative to your patients, namely Person B, Person C and Person D, contrary to paragraph 2 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended.

Particulars:

On June 7, 2021, you signed a voluntary Undertaking with the College in which you agreed to cease practising dentistry and treating any and all patients effective Tuesday, June 8, 2021 at 5:00 p.m.
On June 8, 2021, you treated the following patients after 5:00 p.m.:

o Person B – extraction

o Person C – specific area exam and prescription

o Person D – crown insertion

You committed an act or acts of professional misconduct as provided by s.51(1)(c) of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, Statutes of Ontario, 1991, Chapter 18 in that, during the year 2021, you failed to abide by a written Undertaking given by you to the College or to carry out an arrangement entered into with the College, contrary to paragraph 54 of Section 2 of Ontario Regulation 853, Regulations of Ontario, 1993, as amended.

Particulars:

On June 7, 2021, you signed a voluntary Undertaking with the College in you agreed to cease practising dentistry and treating any and all patients effective Tuesday, June 8, 2021 at 5:00 pm.
On June 8, 2021, you treated the following patients after 5:00 p.m.: