Baird v. College of Physicians and Surgeons (Ont.), (1991) 52 O.A.C. 301 (DC)

• Judge: Montgomery, Carruthers and Davidson, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: June 18, 1991
• Jurisdiction: Ontario
• Citations: (1991), 52 O.A.C. 301 (DC)

Baird v. College of Physicians (1991), 52 O.A.C. 301 (DC)

MLB headnote and full text

Dr. Wycliffe Hobart Baird (appellant) v. The College of Physicians and Surgeons of Ontario (respondent)

(601/90)

Indexed As: Baird v. College of Physicians and Surgeons (Ont.)

Ontario Court of Justice

Divisional Court

Montgomery, Carruthers and Davidson, JJ.

October 25, 1991.

Summary:

The Discipline Committee of the College of Physicians and Surgeons of Ontario con­victed a family physician and suspended him from practising for failure to submit medical reports to solicitors within a reasonable time and for overcharging for the reports. The physician appealed.

The Ontario Divisional Court dismissed the appeal.

Medicine - Topic 2185

Discipline of professional misconduct - Punishments - Suspension of licence - [See Medicine Topic 6025 ].

Medicine - Topic 6025

Compensation - Measure of - Reasonable charge - Solicitors filed a complaint with the Discipline Committee of the College of Physicians and Surgeons of Ontario against a family physician for charging $1500 per medical report on a simple whiplash and for failing to provide the reports within a reasonable time - The committee con­victed the physician and suspended him from practising for 90 days - The Ontario Divisional Court affirmed the conviction and suspension stating that the fee was unconscionable and the penalty should act as public repudiation of the conduct and a deterrent to the physician and any other like-minded colleagues.

Statutes Noticed:

Health Disciplines Act Regulations, Ont. Reg. 448, sect. 27(9), sect. 27(27) [para. 2].

Counsel:

Anthony M. Speciale and J. Singer, for the appellant;

David A. Jarvis, for the respondent.

This appeal was heard on June 18, 1991, before Montgomery, Carruthers and Davidson, JJ., of the Ontario Divisional Court. Montgomery, J., released the follow­ing oral judgment on October 25, 1991.