Good Reasons Save the Day

Good reasons are always essential, especially when a serious finding is based on circumstantial evidence. In Taylor v College of Physicians and Surgeons of Ontario, 2018 ONSC 4562, http://canlii.ca/t/htrqw, it was acknowledged that there had been systematic overbilling for surgical procedures and that there had been elaborate efforts made to cover it up. The issue was whether the physician was behind it or whether the overbilling and cover up was orchestrated by the physician’s office staff. The discipline tribunal’s conclusion that the physician was responsible for the scheme was challenged on appeal. The Divisional Court found that both the evidence and the reasons for decision supported the conclusion. The Court held that the reasons for decision:

  • contained no major gaps;
  • addressed the inconsistencies in the evidence of the prosecution witnesses;
  • addressed the concern of whether the communications amongst the prosecution witnesses amounted to collusion;
  • considered the prior inconsistent statements given by the prosecution witnesses;
  • applied a similar level of scrutiny to the evidence of the witnesses on both sides;
  • did not reject the evidence of defence witnesses in a cursory way; and
  • did not reverse the burden of proof or base the findings solely on its rejection of the practitioner’s evidence.

The Court also upheld the order of revocation noting that the reasons for decision addressed the mitigating factors and appropriately addressed the aggravating factors including the level of dishonesty involved, the harm to the reputation of the profession and the harm inflicted on the staff members who were asked to participate in the cover-up.

More Posts

Targeting Regulatory Staff Is Costly

Applicants for registration often become frustrated when the regulator probes into areas of concern relating to their professional suitability (sometimes called “good character”). In Howell

Controlled Acts and Criminal Offences

A senior osteopathic practitioner and instructor knew that performing an internal vaginal procedure was a “controlled act” that was not permitted to him under the

Standoff

In registration matters, regulators often ask for additional information to support the application. Often the application is considered incomplete until all of the requested information

Applicants with a Criminal History

There has been increasing scrutiny of the fairness of registration requirements based on the criminal record of applicants. To address that concern, many regulators conduct