Decision To Allow Doctor To Practise Doesn’t Condone Sex Abuse - Elyse Sunshine Comments

While many are abuzz about the recent return to practice of a Mississauga doctor after being disciplined by the College pf Physicians and Surgeons of Ontario for sexual abuse of patients, Elyse Sunshine commented to Advocate Daily that this decision, and the panel's decision to restrict him to treating male patients only, is consistent with the Regulated Health Professions Act.

Unlike cases involving sexual conduct, such as intercourse, the Discipline Committee of the College had discretion in the types of penalties it could award in this particular case and was not required to mandatorily revoke the doctor's certificate.In arriving at an appropriate penalty, the panel would have considered factors including the conduct at issue, and the factors such as the fact that the physician admitted to the conduct at issue and saved the witnesses from having to testify at a contested hearing, as well as the fact that the physician came forward with information the College did not have.

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Elyse Sunshine and Lonny Rosen recognized in Best Lawyers Canada