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ARTICLE · 06 DECEMBER 2019

To Refer Or Not To Refer, That Is The Question

WeirFoulds LLP
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Public reaction to the recent case of Tanase v. The College of Dental Hygienists of Ontario[1] was widespread and critical.[2] In this case, the Divisional Court upheld the decision of the Discipline

CanadaLitigation, Mediation & Arbitration
Alyssa Armstrong
Alyssa Armstrong
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Public reaction to the recent case of Tanase v. The College of Dental Hygienists of Ontario1 was widespread and critical.2 In this case, the Divisional Court upheld the decision of the Discipline Committee finding that a dental hygienist who treated his spouse had committed professional misconduct and engaged in sexual abuse of a patient within the meaning of the Regulated Health Professions Act, 1991 (the "RHPA").3 The Discipline Committee found that Mr. Tanase had a sexual relationship with his wife while also treating her as a patient.4 As a result, the Discipline Committee was required under the RHPA to order revocation of his certificate of registration for a minimum period of five years.5 This case raises the question: are there any circumstances under which an Inquiries, Complaints and Reports Committee ("ICRC") should exercise its discretion not to refer a complaint of sexual abuse to the Discipline Committee?

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