HEALTH CARE PROFESSIONALS - Disciplinary proceedings - Penalties

Law360 Canada ( June 7, 2018, 8:10 AM EDT) -- Appeal by the doctor from an order overturning the penalty imposed for professional misconduct. The appellant was found guilty of professional misconduct. In 2009 and 2010, the doctor sexually abused four female patients by touching their breasts during a medical examination and acted inappropriately with a fifth by asking her on a date immediately after a medical examination during which her breasts were exposed. The Discipline Committee imposed a penalty of a six-month suspension and restrictions on his return to practice, which included the supervision of his encounters with female patients and the posting of a sign publicizing the requirement for 12 months. He was also required to undergo individualized training, pay the victim's therapy costs and pay $35,680 in costs of the proceedings. The College appealed the penalty decision on the basis that it was unreasonable and the Discipline Committee made inconsistent findings of fact and the penalty imposed was unfit. The Divisional Court allowed the appeal finding that the penalty was unreasonable for the reasons advanced by the College. The doctor appealed....
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