Committee: Ontario Physicians and Surgeons Discipline Tribunal
Decision Date: 20 Dec 2021
Summary:
Allegations of Dr. Kolbasnik’s professional misconduct have been referred to what is now called the Ontario Physicians and Surgeons Discipline Tribunal. It is alleged that in approximately 2017 and 2018, Dr. Kolbasnik engaged in disgraceful, dishonourable or unprofessional conduct and/or conduct unbecoming, including, but not limited to, behaving in an inappropriate and sexual manner towards an employee at a hospital where Dr. Kolbasnik holds privileges.
It is also alleged that Dr. Kolbasnik has been found guilty of an offence relevant to his suitability to practice medicine in that on November 30, 2020 he has been found guilty of sexual assault contrary to the Criminal Code of Canada.
Decision Summary: In December 2019 and March 2021, allegations of professional misconduct against general surgeon Dr. Kolbasnik were referred to the Discipline Committee of the College, now the Ontario Physicians and Surgeons Discipline Tribunal. On November 30, 2020, the Ontario Court of Justice found Dr. Kolbasnik guilty of sexual assault contrary to section 271 of the Criminal Code. The criminal proceedings arose from Dr. Kolbasnik’s interactions with the complainant, a person employed at the hospital where Dr. Kolbasnik had clinical privileges.
The OPSDT heard the matter on December 20, 2021 by videoconference. Counsel for the College, Dr. Kolbasnik and his counsel attended the hearing.
On the basis of an Agreed Statement of Facts and Admission on Finding and after hearing submissions of both parties, the OPSDT found Dr. Kolbasnik committed an act of professional misconduct in that he engaged in 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 in that he has been found guilty of an offence that is relevant to his suitability to practise.
Disposition
Upon reviewing the Agreed Statement of Facts on Penalty, and taking into account the parties’ joint submission on penalty, the OPSDT issued its Order directing that:
- the Registrar revoke Dr. Kolbasnik’s certificate of registration effective immediately
- Dr. Kolbasnik attend before the panel to be reprimanded; and
- Dr. Kolbasnik pay costs to the College in the amount of $6,000.
Reasons for decision
On January 28, 2022, the OPSDT released its full reasons for decision. These may be viewed on the websites of the Tribunal and the College.