Silwin v College of Physicians and
Surgeons, 2017 ONSC 1947, upholding a Discipline
Committee's decision to reject a defence of officially induced
error on the basis that the professional unreasonably
misinterpreted the guidelines.
Dr. Silwin was a plastic surgeon who engaged in a sexual
relationship over a period of years with a woman, CH, who at times
was employed by Dr. Silwin's clinic and was a patient
undergoing a series of cosmetic procedures. Both the employment and
sexual relationship ended and CH commenced a civil suit against Dr.
Silwin. On advice of counsel, CH also filed a complaint with the
College. The College's Discipline Committee found Dr. Silwin
guilty of professional misconduct by engaging in sexual abuse with
CH, as defined in the Health Professions Procedural Code
(a schedule to the Ontario Regulated Health Professions
Act). This resulted in his license to practice being
revoked.
