discipline summaries
DR . WXY
It was alleged that Dr . WXY had committed an act of professional misconduct , in that he had sexually abused a patient ; and he had committed an act or omission relevant to the practice of medicine that , having regard to all the circumstances , would reasonably be regarded by members as disgraceful , dishonourable or unprofessional . Dr . WXY did not accept the allegations . The Notice of Hearing was dated July 11 , 2012 . The hearing commenced on August 19 , 2013 , with the hearing of a motion by the College to waive any requirement to serve the estranged husband of the complainant with the Notice of Motion or other materials in relation to a third party records motion brought by Dr . WXY . At that time , the member was asked to respond to the allegations , which he did by stating that he did not accept them . The Committee thereafter ruled on the College ’ s motion , and made certain orders that Dr . WXY had sought with respect to disclosure of records relating to the complainant . The hearing eventually resumed on January 26 , 2015 . After a brief adjournment requested by the College in order to try to locate the complainant , counsel for the College informed the Committee that although the complainant had been served with a summons , the complainant had advised the College that she was not willing to participate in the hearing or give evidence . College counsel informed the Committee that the complainant ’ s physician had stated that providing evidence would be detrimental to the complainant ’ s health , and that any further delay that might ensue as a result of adjourning the hearing would not relieve the issues with her health . College counsel informed the Committee that therefore the College would not enforce its summons against the complainant nor seek an adjournment , and that it was forced to withdraw the allegations in the exercise of prosecutorial discretion . Counsel for Dr . WXY submitted that the hearing having commenced and Dr . WXY having responded to the allegations in the Notice of Hearing , the proper disposition was to dismiss the allegations in the absence of any evidence being led against him . He noted that the allegations had been outstanding since they were referred in July 2012 , a period of two-and-a-half years . He submitted that disposing of the proceeding by dismissing the allegations was a matter of fairness to Dr . WXY .
Decision and Reasons The hearing commenced almost two years ago , and Dr . WXY responded to the allegations at that time . When the hearing resumed , it was clear that the complainant would not testify voluntarily at that time or at any time in the future , and the College indicated that it had made a decision not to force her to do so . As a result , no evidence was presented in support of the allegations . In light of those circumstances , the Committee concluded that it was fair that there be finality . Accordingly , the Discipline Committee dismissed the allegations in the Notice of Hearing .
Full decisions are available online at www . cpso . on . ca . Select Doctor Search and enter the doctor ’ s name .
Issue 2 , 2016 Dialogue 71