Discipline Hearings

Discipline hearings are held at the College of Optometrists of Ontario, 65 St. Clair Ave. E., Suite 900, Toronto (unless a different venue is indicated), and are open to the public. Hearing dates will be posted once they are determined.

For more information, contact Justin Rafton at 416-962-4071, extension 61, or JRafton@collegeoptom.on.ca.

To view the guidelines for discipline hearings at the College, and the rules of procedure, please click here (PDF).

Les audiences disciplinaires, tenues à l’Ordre des optométristes sont ouverts au public. Les dates d’audience seront affichées dès qu’elles sont déterminées.

Pour plus d’informations, appelez Justin Rafton au (416) 962-4071, poste 61, ou JRafton@collegeoptom.on.ca.

Current Hearing Schedule*

 

 Name  Hearing Date(s)
Dr. Gordon Ng TBD Notice of Hearing
Dr. Gyanesh Verma TBD Notice of Hearing
Dr. Jon V. Barnes TBD Notice of Hearing

*This schedule is subject to change

Upcoming Hearings

Member: Dr. Gordon Ng

Referral Date: May 3, 2017

Details:

On May 3, 2017, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:

1. In respect of the patient A, Dr. Ng has committed an act or acts of professional misconduct as provided by subsection 51(1)(a) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 c. 18; in that on February 26, 2016, he was found guilty of two offences (relevant to his suitability to practise optometry) of knowingly giving false information in an application, return or statement made to the Ontario Health Insurance Plan or the General Manager for the Plan, contrary to subsection 43(3) of the Health Insurance Act, S.O. 1990 c. H. 6, which is an offence pursuant to section 44 of the Health Insurance Act; and

2. In respect of the patients A, B and C in or about 2009, 2010 and 2011, Dr. Ng has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991 c. 18; and defined in:

a. Paragraph 1.28 of Ontario Regulation 119/94 in that he submitted or allowed to be submitted an account for professional services that he knows or ought to have known is false and misleading;

b. Paragraph 1.24 of Ontario Regulation 119/94 in that he failed to make or maintain records in accordance with Part IV;

c. Paragraph 1.39 of Ontario Regulation 119/94 in that he engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unprofessional or unethical.

Hearing dates to be posted when available.

 

Member: Dr. Gyanesh Verma

Referral Date: June 21, 2017

Details:

On June 21, 2017, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:

(1) Dr. Verma engaged in the practice of optometry while in a conflict of interest contrary to subsection 3(1) which is professional misconduct under paragraph 1.7 of Ontario Regulation 119/94 as follows:

i. For engaging in the practice of the profession in a working arrangement contrary to paragraph 3(2)(g). This breach occurred because Dr. Verma practised optometry in a working arrangement with Mr. Purba who is neither an optometrist nor a physician, without an independent contractor agreement; and

ii. For sharing fees related to the practice of the profession with another person other than another member or a member of the College of Physicians and Surgeons of Ontario as set out at paragraph 3(2)(h).

(2) Dr. Verma contravened, by act or omission, the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts contrary to paragraph 1.36 of Ontario Regulation 119/94 for practising the profession through a corporation without having incorporated a professional corporation and obtaining a certificate of authorization.

Hearing dates to be posted when available.

 

Member: Dr. Jon V. Barnes

Referral Date: July 24, 2017

Details:

On July 24, 2017, the Inquiries, Complaints and Reports Committee referred the following specified allegations of professional misconduct to the Discipline Committee:

1. Dr. Barnes has committed an act or acts of professional misconduct as provided by subsection 51(1)(b.1) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, in that, between approximately 2002 and 2016, he sexually abused patients: Patient A, Patient B, and/or Patient C, when he engaged in behaviour and/or made remarks of a sexual nature towards Patient A, Patient B, and/or Patient C, who were also staff, including, but not limited to when he:

a. wrote comments of a sexual nature in various places in the workplace where they would see them;

b. made verbal, sexual comments to them, about them, and/or about others in their presence; and/or

c. engaged in behaviours of a sexual nature towards them in the workplace.

2. Dr. Barnes has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.14 of Ontario Regulation 119/94 in that, between approximately 2002 and 2016, he failed to maintain the standards of practice of the profession when he:

a. noted, in patient records, inappropriate commentary about patients and/or their relatives, including comments of a sexual nature, not relevant to care; and/or

b. engaged in unprofessional behaviours in the office, including engaging in the sexual harassment of staff.

3. Dr. Barnes has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.36 of Ontario Regulation 119/94 in that, between approximately November 2016 and March 2017, he contravened, by act or omission, the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts and, in particular, he contravened subsection 76(3) of the Health Professions Procedural Code when he applied white-out to or otherwise redacted notations he had made in patient charts and, in so doing, did or attempted to conceal or destroy information relevant to the College’s investigation.

4. Dr. Barnes has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Optometry Act, 1991, S.O. 1991, c. 35, as amended, and defined in paragraph 1.39 of Ontario Regulation 119/94 in that, between approximately 2002 and 2016, he engaged in conduct or performed an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unprofessional or unethical and, in particular, he:

a. noted, in patient records, inappropriate commentary about patients and/or their relatives, including comments of a sexual nature, not relevant to care;

b. wrote sexual comments in various places in the workplaces where staff could see them including on post-it notes and the white board;

c. made verbal, sexual comments to staff;

d. engaged in sexual behaviours towards staff, including when he showed them sexual images and/or videos;

e. acted in a physically aggressive manner in the office, including but not limited to banging his fists on furniture, slamming doors, and/or throwing furniture;

f. shared a staff member’s private health information with other staff; and/or

g. acted in a verbally and/or emotionally abusive manner towards staff.

Hearing dates to be posted when available.