Sentencing Considerations for Contempt of Court for Holding Out and Use of Title

Home » Sentencing Considerations for Contempt of Court for Holding Out and Use of Title

In College of Physicians and Surgeons of British Columbia v Ezzati, 2020 BCSC 339, http://canlii.ca/t/j5s7k the Court had to decide what sentence to impose on an unregistered person who held themselves out as able to practise medicine and used protected titles such as “physician” and “Doctor”. The Court identified the following factors as relevant to that decision:

the gravity of the offence (in this case disregarding a court order);
the need to deter the offender;
the past record and character of the offender (e.g., is this a first finding);
the need to protect the public from the offender’s conduct;
the ability of the offender to pay a fine; and
the “extent to which the breach was flagrant and wilful and intended to defy the court’s authority”.

In applying those considerations to the conduct of this individual, the Court imposed a fine of $5,000.

More Posts

Immunity from Regulatory Scrutiny?

Mandatory reporting provisions typically protect the reporter from liability or retaliation for making a report in good faith. Do those immunity provisions prevent registrants from

Complaints About the Conduct of Regulatory Staff

Many registrants serve as staff or on the governing board and committees of their regulator. An issue arises as to whether the regulatory-complaints process can

Jurisdiction Over Cosmetic Procedures

Health regulators are receiving frequent expressions of concern about “medical spas” that provide cosmetic procedures. Complex questions arise as to the legal authority to provide

Interpreting Legislation vs Making Legislation

Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.