discipline summaries
expectation of this Committee that a member appear
before it to receive a reprimand. Given Dr. Brown’s
health issues, however, the Panel had no realistic
expectation that Dr. Brown would attend in the near
future and therefore agreed to deliver the reprimand on the date of the penalty hearing despite Dr.
Brown’s physical absence.
Dr. Brown’s counsel made submissions with respect
to Dr. Brown’s financial circumstances and sought
relief from the requirement to post security. There
was no evidence, however, before the Committee to
support the submissions with respect to Dr. Brown’s
financial circumstances. The Committee ordered that
Dr. Brown reimburse the College for funding pro-
What does this mean?
used in the discipline process
Admission
The physician admits that the facts
alleged amount to professional mis-
vided under section 85.7 of the Code, by posting an
irrevocable letter of credit or other security acceptable to the College, within 30 days of this order in
the amount of $16,060.
The Committee ordered costs of the hearing in the
amount of $17,840, payable by Dr. Brown to the
College.
The Committee is of the view that the penalty in
this case addresses the goals of specific and general
deterrence, the denunciation of serious professional
misconduct, and the protection of the public.
In summary, the Committee ordered the following:
revocation of Dr. Brown’s certificate of registration; a
public reprimand; reimbursement to the College for
We provide definitions for the legal terminology
penalty unless it would be contrary to
the public interest and bring the administration of justice into disrepute.
conduct and/or incompetence.
Plea of No Contest
The physician does not contest the
facts. The College files a statement of
facts as an exhibit at the hearing. The
Discipline Committee can accept the
facts as correct and make a finding
of professional misconduct and/or
incompetence. The physician does
not admit to the facts or findings for
the purpose of any other proceeding.
Agreed Statement of Facts
A statement of facts that are negotiated and agreed to by the College and
the physician. It is filed as an exhibit
at the hearing.
Joint Submission on Penalty
A penalty that is proposed to the
Committee as an appropriate penalty
by both the College and the physician. In law, the Discipline Committee
must accept a joint submission on
Contested Hearing
The physician denies the allegations.
The College must prove the allegations on a balance of probabilities
(the civil standard of proof) by calling
evidence such as witnesses. If one
or more of the allegations is proved,
a penalty hearing is scheduled. The
College and the physician may agree
and jointly propose a penalty to the
Committee or they may disagree and
a contested penalty hearing t Z