BACKGROUND
Dr. Smith is a 64-year-old family physician who received his certificate of registration authorizing independent practice in Ontario in 1982. At the relevant times, Dr. Smith practised in a solo practice in Ottawa, Ontario.
FACTS
i. Background to the complaint
In January 2018, the Complainant was diagnosed with Stage 4 colon cancer. The Complainant is not a patient of Dr. Smith’s and has never met Dr. Smith in a physician-patient capacity. Dr. Smith did not have access to any medical records for the Complainant and had only heard rumours that the Complainant had been diagnosed with colon cancer. The Complainant’s only connection to Dr. Smith is that, at the relevant times, the Complainant was Chair of the Board of Directors of a company in which Dr. Smith was a shareholder.
Beginning in approximately April 2019, Dr. Smith became dissatisfied with decisions taken by the Board of Directors. He was particularly dissatisfied with what he perceived as the Complainant’s role as Chair in various decisions that had a negative effect on Dr. Smith’s position as shareholder in the company.
ii. Complaint to the College – May 29, 2019
On May 29, 2019, the Complainant contacted the College to complain that Dr. Smith had disclosed personal health information of the Complainant in emails and online posts. The Complainant also complained that Dr. Smith had made veiled threats to the complainant and his family.
iii. Dr. Smith’s email and posts regarding the Complainant
On April 24, 2019, Dr. Smith sent an email to the Complainant from his email address [email protected]. The email message was as follows: “If I was dying of stage 4 colon cancer at the end of my life I would do good instead hurting thousands of households.” The email address [email protected] is the email address used by Dr. Smith in his communications with the College. It is the email address listed on Dr. Smith’s physician profile.
Between April 24, 2019 and May 29, 2019, Dr. Smith authored and posted six online posts on “Stockhouse.com”, a website that is publicly accessible. The messages were posted anonymously under the name “edrose”, an online name used by Dr. Smith.
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In the online posts, Dr. Smith referred to the Complainant by name and commented on his colon cancer diagnosis. The posts include the following comments:
April 24, 2019: “he [the Complainant] will bring [a company] to nasdaq before he dies of cancer” [NOTE: “nasdaq” refers to Nasdaq, a stock exchange based in New York].
April 24, 2019: “if its true [the Complainant] as [sic] stage 4 cancer there is justice since this person doesn’t care that he destroyed life’s [sic] of thousands of real estate investors you would think when you [sic] dying you would to do good last part of life and not bad”
May 3, 2019: “I hope nobody loses it and starts hurting them or their family that wouldn’t reflect well on investors”
May 7, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon cancer”
May 14, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon cancer”
May 28, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon cancer”
FINDING
The Committee found that Dr. Smith committed an act of professional misconduct under paragraph 1(1)34 of Ontario Regulation 856/93, in that he engaged in conduct unbecoming a physician.
FACTS ON PENALTY
On October 4, 2019, the Discipline Committee found that Dr. Smith engaged in conduct or 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 and that he failed to maintain the standard of practice of the profession. Further to the Discipline Committee’s Order, Dr. Smith is registered for the PROBE course on ethics and professionalism on November 12-14, 2020.Completion of the course was delayed, with the approval of the College, due to the current pandemic.
PENALTY AND COSTS ORDER
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On July 21, 2020, the Committee ordered with respect to penalty and costs:
- Dr. Smith is to attend before the panel to be reprimanded.
- Dr. Smith is to pay costs to the College in the amount of $6,000 within 30 days of the date of the Order.
On August 21, 2020, the Committee released its full Decision and Reasons in this matter, available for review on the College’s website.