discipline summaries
noted that consent was not raised as an issue in Dr.
Minnes’ case.
The acceptance of responsibility, with implications
for insight into the wrongfulness of the behaviour
in question, is generally seen as a mitigating factor.
However, Dr. Minnes has not accepted responsibility
for his behaviour in the camp incident. The Committee finds no significant mitigating factors with respect
to this incident apart from Dr. Minnes’ lack of a
previous disciplinary history with the College, which
was considered.
The particulars of Dr. Minnes’ behaviour with the
complainant in the camp incident confirm that,
at that time, he was acting in a manner hazardous
to public safety. His actions had the potential to
severely traumatize the victim and to cause psychological harm. He is a pediatrician, and adolescent
patients will be part of the patient community which
he serves in the future. He cannot be permitted to
continue to practise medicine until such time as it
can clearly be concluded that the risk of a repetition
of such behaviour is negligible. The evidence before
this Committee does not support this conclusion at
present.
In light of the serious and appalling nature of the
offending behaviour in the camp incident, the need
to protect the public, and the need to maintain public confidence in the integrity of the medical profession and its ability to govern itself effectively, the
Committee concludes that Dr. Minnes’ certificate of
registration must be revoked.
Although the Committee has concluded that revocation is the appropriate penalty in respect to the
findings on the camp incident alone, the Committee
has determined that there is an even stronger case for
revocation on the basis of the findings on the hospital incidents and camp incident combined. For the
reasons set out above, revocation is the appropriate
penalty in this case, taking into account the serious
misconduct reflected in both findings together.
Order
Therefore, the Committee orders and directs that:
1. The Registrar revoke Dr. Minnes’ certificate of
registration, effective immediately;
2. Dr. Minnes appear before the Committee to be
reprimanded, and that the reprimand be recorded
on the register; and
3. The parties make written submissions with respect
to the costs payable to the College, to be exchanged and filed with the Hearings Office of the
College, within 14 days of the date of this decision.
On October 9, 2015, the Discipline Committee
ordered Dr. Minnes to pay costs to the College in the
amount of $17,840 within 90 days of the date of this
Order.
On February 18, 2015, Dr. Minnes appealed the decision of the Discipline Committee to the Superior Court
of Justice (Divisional Court). Pursuant to ss.25(1) of
the Statutory Powers Procedure Act, the decision of the
Discipline Committee is stayed pending the outcome of
the appeal.
DR. OLU KAYODE LOUIS VICTOR
NICOL
Practice Location: Mississauga
Practice Area: General Practice
Hearing Information: Agreed Statement of Facts, Admission, Agreed Statement of Facts Regarding Penalty,
Joint Submission on Penalty
On December 12, 2014, the Discipline Committee
found that Dr. Nicol committed an act of professional misconduct, in that he failed to maintain the
standard of practice of the profession in his care and
treatment of 26 patients. Dr. Nicol admitted to the
allegation.
Regarding a complaint received in July 2011
involving the care of Patient A, Dr. X, an independent assessor retained by the College, opined that
Dr. Nicol failed to maintain the standard of practice
of a general practitioner: in the manner in which he
Full decisions are available online at www.cpso.on.ca.
Select Doctor Search and enter the doctor’s name.
Issue 4, 2015 Dialogue
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2015-12-16 9:36 AM