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.

Contact us by phone at 416-962-4071 / 888-825-2554 or by email complaints@collegeoptom.on.ca for more information.

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.

Appelez-nous (416) 962-4071 / (888) 825-2554 ou complaints@collegeoptom.on.ca pour plus d’informations.

Current Hearing Schedule*

NameHearing Date(s) 
Dr. Gregory Miller #1October 9, 2019Notice of Hearing
Dr. Ajay ChandailTBDNotice of Hearing
Dr. Kashif ZoberiTBDNotice of Hearing

*This schedule is subject to change

 

Upcoming Hearings

Member: Dr. Gregory Miller
Referral Date: September 25, 2017

Penalty Hearing Date: October 9, 2019  9:30 a.m.
Location: Victory Verbatim
222 Bay St. Suite 900

Toronto, ON

Details:

This matter came before a panel of the Discipline Committee of the College of Optometrists of Ontario on May 28-30, 2019 in Toronto, ON. The panel issued an order on finding on June 10, 2019. 

Learn more

 

Member: Dr. Ajay Chandail
Referral Date: April 10, 2019

Hearing Date: TBD

On April 10, 2019, the Inquiries, Complaints and Reports Committee referred to the Discipline Committee the following specified allegations of professional misconduct against Dr. Chandail in these matters:

Matter A

1. Dr. Chandail 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, as defined in:

a. paragraph 1.11 of Ontario Regulation 119/94, under the Optometry Act, 1991, S.O. 1991, c. 35, in that:

i. Dr. Chandail failed to refer Patient A to another professional when he recognized or should have recognized a condition of the eye or vision system that appears to require such referral;

b. paragraph 1.14 of Ontario Regulation 119/94, in that:

i. Dr. Chandail failed to maintain the standards of practice of the profession with respect to the oculo-visual assessments he provided to Patient A; and

ii. Dr. Chandail failed to maintain the standards of practice of the profession with respect to some or all of the other 23 pediatric patients;

c. paragraph 1.24 of Ontario Regulation 119/94, in that:

i. Dr. Chandail failed to make or maintain records in accordance with Part IV of the Regulation, for the Patient B, where Dr. Chandail made a referral to a pediatric ophthalmologist, but for whom there was no referral in the patient record.

Matter B

2. Dr. Chandail 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, as defined in:

a. paragraph 1.14 of Ontario Regulation 119/94, under the Optometry Act, 1991, S.O. 1991, c. 35 (“Ontario Regulation 119/94”), in that:

i. Dr. Chandail failed to maintain the standards of practice of the profession with respect to some or all of the 101 patients; and

ii. Dr. Chandail failed to notify the 101 patients as to where their patient records were located and/or failed to provide the patients with his contact information (telephone number or other means of contacting him) in the event that they had questions or problems with their vision or eyeglasses.

b. paragraph 1.24 of Ontario Regulation 119/94, in that:

i. Dr. Chandail failed to make or maintain records in accordance with Part IV, including, but not limited to, Dr. Chandail not having an appointment book and/or financial records for each patient; which are required by sections 8 and 9 respectively of Ontario Regulation 119/94; and

ii. Dr. Chandail, in many instances, failed to record the information required by s. 10 of Ontario Regulation 119/94 to be in patient records.

Matter C

3. Dr. Chandail 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, as defined in:

a. paragraph 1.14 of Ontario Regulation 119/94, under the Optometry Act, 1991, S.O. 1991, c. 35 (“Ontario Regulation 119/94”), in that:

i. Dr. Chandail failed to maintain the standards of practice of the profession by not inputting accurate information and/or by entering false information on some or all of the 17 patient records;

b. paragraph 1.24 of Ontario Regulation 119/94, in that:

i. Dr. Chandail failed to make or maintain records in accordance with Part IV – Records, related to paragraph 12(c) of Part IV; which outlines that a member may use computer, electronic or other equipment for recording, storing and retrieval of records if the equipment or software being used is such that no amendment, correction, addition or deletion can be made to any record which obliterates the original record or does not show the date of the change; and

c.  paragraph 1.39 of Ontario Regulation 119/94, in that:

i. by adding information in the patient record of Patient C after the fact and not indicating that this is what he had done, Dr. Chandail 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.

Member: Dr. Kashif Zoberi
Referral Date: May 8, 2019

Hearing Date: TBD

Matter A

1. Dr. Zoberi has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Code, in that:

a. Dr. Zoberi contravened the Regulated Health Professions Act, 1991, and:

i. paragraphs 1.1 and 1.16 of Ontario Regulation 119/94, under the Optometry Act, 1991, S.O. 1991, c. 35 (“Regulation 119/94”), in that he continued to practice optometry while his certificate of registration was suspended after January 17, 2018;

ii. paragraph 1.14 of Regulation 119/94, in that he failed to maintain the standards of practice of the profession in that he performed incomplete eye examinations during the period of suspension, from January 17, 2018 to July 6, 2018;

iii. paragraph 1.24 of the Regulation 119/94, in that he failed to make or maintain records, as required by Part IV of the Regulation for the patients he saw during the period of suspension of his certificate of registration, from January 17, 2018 to July 6, 2018;

iv. paragraph 1.30 of Regulation 119/94, in that he failed to issue a statement of receipt that itemized an account for professional goods or services to the patient or a third party who is to pay, in whole or in part, for the goods or services provided to the patients treated during the period of suspension of his certificate of registration from January 17, 2018 to July 6, 2018;

v. paragraph 1.39 of Regulation 119/94, in that he has 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 in that he continued to practice optometry while his certificate of registration was under suspension after January 17, 2018.

Matter B

2. Dr. Zoberi has committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Code, in that:

a. Dr. Zoberi contravened the Regulated Health Professions Act, 1991, and:

i. paragraphs 1.1 and 1.16 of Ontario Regulation 119/94[1], under the Optometry Act, 1991, S.O. 1991, c. 35 (“Regulation 119/94”), in that he provided an eye examination to Patient A on June 20, 2018, thus engaged in the practice of optometry, while his certificate of registration was suspended (after January 17, 2018);

ii. paragraph 1.14 of Regulation 119/94, in that he failed to maintain the standards of practice of the profession in that he provided an incomplete eye examination to Patient A on June 20, 2018;

iii. paragraph 1.24 of the Regulation 119/94, in that he failed to make or maintain records for Patient A, as required by Part IV of the Regulation;

iv. paragraph 1.28 of Regulation 119/94, in that he allowed an account for professional services to be submitted that he knew or ought to have known was false or misleading, for the services rendered to Patient A on June 20, 2018;

v. paragraph 1.30 of Regulation 119/94, in that he failed to issue a statement or receipt that itemized an account for professional goods or services to Patient A or a third party who is to pay, in whole or in part, for the goods or services provided to Patient A on June 20, 2018;

vi. paragraph 1.33 of Regulation 119/94, in that he charged a fee, in whole or in part, before providing professional services to a patient, specifically for the services rendered to Patient A on June 20, 2018;

vii. paragraph 1.39 of Regulation 119/94, in that he has 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 in that he continued to practice optometry while his certificate of registration was under suspension after January 17, 2018.