Gilbert, Jane Catherine (CPSO#: 61263)

Current Status: Revoked: Discipline Committee as of 09 Jan 2019

CPSO Registration Class: None as of 09 Jan 2019

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Female

Languages Spoken: English

Education:University of Toronto, 1989

Practice Information

Primary Location of Practice
Practice Address Not Available

Specialties

Specialty Issued On Type
Psychiatry Effective: 30 Jun 1996 RCPSC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.

University of Toronto, 12 Jun 1989 to 11 Jun 1990
Other - Rotating Internship

University of Toronto, 01 Jul 1990 to 30 Jun 1991
Resident 1 - Psychiatry

University of Toronto, 01 Jul 1991 to 30 Jun 1992
Resident 2 - Psychiatry

University of Toronto, 01 Jan 1994 to 31 Dec 1994
Resident 3 - Psychiatry

University of Toronto, 01 Jan 1995 to 30 Jun 1996
Resident 4 - Psychiatry

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 12 Jun 1989
Transfer of class of registration to: Independent Practice Certificate Effective: 18 Sep 1990
Transfer of class of certificate to: Restricted certificate Effective: 22 Dec 2017
Terms and conditions imposed on certificate Effective: 22 Dec 2017
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 22 Dec 2017
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 04 Jan 2018
Revoked: Discipline Committee. Effective: 09 Jan 2019

Previous Hearings

Committee: Discipline
Decision Date: 09 Jan 2019
Summary:

On January 9, 2019, on the basis of a Statement of Uncontested Facts and a plea of no contest, 
the Discipline Committee found that Dr. Jane Catherine Gilbert committed an act of professional 
misconduct: in that she engaged in sexual abuse of a patient; and in that she has 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. 
 
FACTS 
 
Dr. Jane Catherine Gilbert (“Dr. Gilbert”) is a psychiatrist who received her certificate of 
registration authorizing independent practice in 1990. From 2009 to October 2011, Dr. Gilbert 
practised at the Urgent Care Clinic (“UCC”) in the Hospital. Dr. Gilbert provided interim 
psychiatric care to patients who were awaiting outpatient psychiatry appointments. In October 
2011, Dr. Gilbert resigned from the UCC and opened her own psychiatric care clinic. 
 
In 2009, Patient A attended for a psychiatric consultation at the Hospital. He was suffering from 
depression. He had, the month prior, been hospitalized for anxiety. Patient A had been diagnosed 
with cancer. He underwent multiple treatments. Patient A developed severe anxiety and 
depression following his cancer treatments. Patient A had a history of psychiatric difficulties, 
including suicidal ideation, anxiety and panic attacks. 
 
Following the initial intake, Patient A was referred to Dr. Gilbert for an additional psychiatric 
consultation. Dr. Gilbert first provided psychiatric treatment to Patient A at the Hospital in 
November 2009. She continued to provide psychiatric treatment to Patient A at the Hospital until 
December 2009, and then from March 2010 to November 2010. Her last appointment with 
Patient A at the Hospital was in December 2010. 
 
In September 2010, during an appointment with Patient A, Dr. Gilbert started to cry. She 
disclosed to Patient A details about her marital problems, and told him her husband was leaving 
her. Patient A did not know what to do. He gave Dr. Gilbert a hug to console her. He invited 
Dr. Gilbert to his house to have dinner with him and his wife. Dr. Gilbert accepted the invitation 
and attended Patient A’s house that evening. 
 
While treating Patient A at OTMH, Dr. Gilbert became friends with Patient A and his wife and 
started to attend at their home regularly. Dr. Gilbert would go to Patient A’s home in the 
mornings around 7:30 a.m. and would stay for hours while Patient A’s wife was at work. She 
would also go to Patient A’s home regularly on Friday evenings where she would drink alcohol 
with Patient A. 
 
In the fall of 2010, while still treating Patient A at the Hospital, Dr. Gilbert initiated a sexual 
relationship with him. This occurred one afternoon while Dr. Gilbert and Patient A were alone at 
his home drinking together. Patient A’s wife was at work. Dr. Gilbert told Patient A she was 
attracted to him and wanted to cultivate “that kind of friendship.” He told Dr. Gilbert he had 
undergone a prostatectomy and it took him a long time to get sexually aroused and get an 
erection. Dr. Gilbert asked Patient A if he wanted help with getting an erection. He said no and 
Dr. Gilbert then asked, “Wouldn’t you like to get back on track and take that back to [your 
wife]?” Dr. Gilbert asked Patient A to see his penis. Patient A took out his penis and could not 
                                      1 

get an erection. Dr. Gilbert asked Patient A, “Should I help you with my mouth?” Patient A said 
no. Dr. Gilbert then commenced masturbating Patient A by fondling his penis with her hands. 
Patient A touched Dr. Gilbert’s breasts and vagina with his hands. 
 
His sexual encounter with Dr. Gilbert was very emotionally significant for him. A few days after 
this sexual encounter, Patient A told Dr. Gilbert he loved her and would leave his wife for her. 
Dr. Gilbert responded that she loved him and wanted to be with him. 
 
Dr. Gilbert continued to engage in a sexual relationship with Patient A until April 2014. Patient 
A’s wife did not know about the relationship. Dr. Gilbert continued to spend time with Patient A 
at his house and Patient A spent time at Dr. Gilbert’s house. Patient A met Dr. Gilbert’s two 
children. 
 
Pharmacy records were obtained from three different pharmacies. These records demonstrate that 
between 2009 and 2014, Dr. Gilbert prescribed to Patient A numerous medications including 
anti-depressants, sedatives, narcotics, and medications for erectile dysfunction. 
 
Dr. Gilbert also provided Patient A non-prescription pills to treat Patient A’s erectile 
dysfunction. She told Patient A that she ordered these pills from a “third world country.” 
 
During their physician-patient relationship, Dr. Gilbert and Patient A engaged in sexual acts 
including kissing, performing oral sex on each other, Patient A kissing and fondling Dr. Gilbert’s 
breasts, Dr. Gilbert masturbating Patient A, and sexual intercourse. Dr. Gilbert and Patient A 
engaged in these sexual acts at her house, in her office at the hospital, at Patient A’s rural 
property, and at a hotel. Patient A would sleep at Dr. Gilbert’s house. Dr. Gilbert took Patient A 
to a sex store. He had never been to a sex store in the past. He tried on a penis ring to maintain an 
erection. 
 
In July of 2013, Dr. Gilbert attempted to end the sexual relationship with Patient A. Dr. Gilbert 
and Patient A, however, continued the sexual relationship until April of 2014. 
 
Dr. Gilbert made statements, which were untrue, about the timing of the commencement of her 
sexual relationship with Patient A.  

DISPOSITION 

On January 9, 2019, the Discipline Committee ordered that: 
-  The Registrar revoke Dr. Gilbert’s certificate of registration effective immediately. 
-  Dr. Gilbert reimburse the College for funding provided to patients under the program 
   required under section 85.7 of the Code, by posting an irrevocable letter of credit or other 
   security acceptable to the College, within sixty (60) days from the date of this Order in the 
   amount of $16, 060.00. 
-  Dr. Gilbert appear before the panel to be reprimanded. 
-  Dr. Gilbert pay to the College its costs of this proceeding in the amount of $6000.00 within 
   sixty (60) days from the date of this Order.

Hearing Date(s): January 9, 2019 1:00 start time