The Ontario Superior Court of Justice has ordered the province’s physicians college to reinvestigate allegations of gender discrimination and improper billing against a former Toronto-area emergency department chief
In a unanimous decision, the Superior Court found that the College of Physicians and Surgeons’ complaints committee failed to interview a number of witnesses and its review of medical charts was too limited.
People who worked with Dr. Duic also alleged that he encouraged physicians in his department to overuse Ministry of Transportation forms and psychiatric assessment forms to increase their billings. Physicians fill out MTO forms when they think a patient is unfit to drive, which typically results in the ministry suspending patients’ licences. A Form 1 allows hospitals to involuntarily hold patients who could pose risk to themselves or others.
In its 2019 investigation of the complaint filed by Mr. Kastner, the college’s complaints committee hired an assessor to review 30 charts that Dr. Duic filled out over a 14-month period in 2017 and 2018. Of these charts, four involved MTO forms and 26 involved Form 1s. As for the gender discrimination allegations, Justice Sachs wrote that the college’s complaints committee should have interviewed at least some witnesses, including those named in The Globe and Mail report as well as a list of 12 witnesses suggested by Mr. Kastner as likely in his view to have relevant information. She also noted that the college’s complaints committee relied heavily on a report by Dr.
In their submissions to the court, the college, the review board and Dr. Duic’s lawyer, Keary Grace, emphasized that the college’s Inquiries, Complaints and Reports Committee’s role is to screen complaints, and determine whether a case should be referred for discipline or another remedy like mandatory training, rather than to fully investigate complaints.
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