Committee: Discipline
Decision Date: 12 Apr 2018
Summary:
On April 10, 2018, the Discipline Committee found that Dr. Farooq Ali Khan, an emergency physician practising in Toronto, committed an act of professional misconduct, in that he has been found guilty of an offence relevant to his suitability to practice. The Committee’s finding flowed from a criminal proceeding where, on August 13, 2015, Dr. Khan pled guilty to and was found guilty of sexually assault under s. 271(b) the Criminal Code.
On April 12, 2018, the Committee reserved its decision on penalty and costs.
Further Procedural History
The hearing resumed on July 20, 2018 at which time the Committee further reserved its decision on penalty to consider the issue of retrospectivity of Ontario Regulation 262/18 (“O. Reg. 262/18”). The regulation, which came into force May 1, 2018, required that a physician found to have committed an act of professional misconduct by having been found guilty of an offence relevant to the member’s suitability to practise, was subject to mandatory revocation, if the offence was one prescribed by the regulation. An offence under section 271 of the Criminal Code, for which Dr. Khan had been found guilty, was one of the prescribed offences.
In July 2019, the Divisional Court released its decision in Ontario (College of Physicians and Surgeons of Ontario) v. Kunynetz, 2019 ONSC 4300, holding that the amendments to the regulation should not be treated as retrospective. The College advised that it no longer took the position that revocation was mandatory in this matter.
On August 20, 2019, the Committee held a further penalty hearing at which time the parties presented a joint submission on penalty and costs to the Committee. The Committee reserved its decision.
On May 29, 2020, the Committee released its decision on penalty. The Committee rejected the joint submission and ordered and directed that there be no penalty imposed and no order made that Dr. Khan pay costs to the College.
On June 23rd, 2020 the College commenced an appeal of the Discipline Committee’s penalty decision. On March 4th, 2021, Dr. Khan entered into an undertaking with the College resigning his certificate of registration and agreeing never to apply or re-apply as a physician in Ontario.
Decision: Download Full Decision (PDF)
Appeal: Appeal Abandoned
Hearing Date(s): April 9-12, 2018 and July 20, 2018