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Smith, Edward James

CPSO#: 33838

MEMBER STATUS
Active Member as of 04 May 2020
CPSO REGISTRATION CLASS
Restricted as of 08 Feb 2018

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English, French

Education:University of Ottawa, 1981

Practice Information

Primary Location of Practice
Suite 109
460 St Laurent Blvd
Ottawa ON  K1K 4Z2
Phone: (613) 748-1113
Fax: (613) 748-1639 Electoral District: 07

Professional Corporation Information


Corporation Name: Edward J. Smith Medicine Professional Corporation
Certificate of Authorization Status: Issued Date:  Jan 02 2007

Shareholders:
Dr. E. Smith ( CPSO# 33838 )

Business Address:
109 - 460 St. Laurent Boulevard
Ottawa ON  K1K 4Z2
Phone Number: (613) 748-1113


Medical Licences in Other Jurisdictions

Effective September 1, 2015, the College by-laws require the College to indicate on the register if the member has a licence or is registered to practise medicine in a jurisdiction outside Ontario, if this is known to the College.



Quebec

Specialties

Specialty Issued On Type
No Speciality Reported

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 01 Jul 1981
Transfer of class of registration to: Independent Practice Certificate Effective: 17 Dec 1982
Transfer of class of certificate to: Restricted certificate Effective: 08 Feb 2018
Terms and conditions imposed on certificate by Inquiries, Complaints and Repo Effective: 08 Feb 2018
Terms and conditions amended by Discipline Committee Effective: 04 Oct 2019
Suspension of registration imposed: Discipline Committee Effective: 04 Oct 2019
Suspension of registration removed Effective: 04 May 2020

Practice Restrictions

Imposed By Effective Date Expiry Date Status
Discipline Committee Effective: 04 Oct 2019 Active
             As from 11:59 p.m., October 4, 2019, by order of the Discipline Committee of
            the College of Physicians and Surgeons of Ontario, the following terms,
            conditions and limitations are imposed on the certificate of registration held
            by Dr. Edward James Smith:

            (i)   Dr. Smith shall comply with College Policy #2-07 "Practice Management
                  Considerations for Physicians Who Cease to Practice, Take an Extended
                  Leave of Absence or Close Their Practice Due to Relocation".

            (ii)  Dr. Smith will successfully complete the PROBE course in ethics and
                  professionalism at his own expense, within 6 months of the date of this
                  Order, or any alternative course in ethics and professionalism approved
                  by the College. Dr. Smith will agree to abide by any recommendations of
                  the PROBE program and provide proof of completion to the College.

Previous Hearings

Committee: Discipline
Decision Date: 21 Jul 2020
Summary:

BACKGROUND  
 
Dr. Smith is a 64-year-old family physician who received his certificate of registration 
authorizing independent practice in Ontario in 1982. At the relevant times, Dr. Smith 
practised in a solo practice in Ottawa, Ontario.  
       
FACTS 
 
i. Background to the complaint 
  
In January 2018, the Complainant was diagnosed with Stage 4 colon cancer. The 
Complainant is not a patient of Dr. Smith’s and has never met Dr. Smith in a physician-
patient capacity. Dr. Smith did not have access to any medical records for the 
Complainant and had only heard rumours that the Complainant had been diagnosed 
with colon cancer. The Complainant’s only connection to Dr. Smith is that, at the 
relevant times, the Complainant was Chair of the Board of Directors of a company in 
which Dr. Smith was a shareholder.   
 
Beginning in approximately April 2019, Dr. Smith became dissatisfied with decisions 
taken by the Board of Directors. He was particularly dissatisfied with what he perceived 
as the Complainant’s role as Chair in various decisions that had a negative effect on Dr. 
Smith’s position as shareholder in the company. 
 
ii. Complaint to the College – May 29, 2019 
 
On May 29, 2019, the Complainant contacted the College to complain that Dr. Smith had 
disclosed personal health information of the Complainant in emails and online posts. 
The Complainant also complained that Dr. Smith had made veiled threats to the 
complainant and his family.  
 
iii. Dr. Smith’s email and posts regarding the Complainant  
 
On April 24, 2019, Dr. Smith sent an email to the Complainant from his email address 
[email protected] The email message was as follows: “If I was dying of stage 4 
colon cancer at the end of my life I would do good instead hurting thousands of 
households.” The email address [email protected] is the email address used by 
Dr. Smith in his communications with the College. It is the email address listed on Dr. 
Smith’s physician profile.  
  
Between April 24, 2019 and May 29, 2019, Dr. Smith authored and posted six online 
posts on “Stockhouse.com”, a website that is publicly accessible. The messages were 
posted anonymously under the name “edrose”, an online name used by Dr. Smith. 
 
                                       1 

 In the online posts, Dr. Smith referred to the Complainant by name and commented on 
 his colon cancer diagnosis. The posts include the following comments: 
  
       April 24, 2019:  “he [the Complainant] will bring [a company] to nasdaq before he 
       dies of cancer” [NOTE: “nasdaq” refers to Nasdaq, a stock exchange based in 
       New York]. 
  
       April 24, 2019:  “if its true [the Complainant] as [sic] stage 4 cancer there is 
       justice since this person doesn’t care that he destroyed life’s [sic] of thousands 
       of real estate investors you would think when you [sic] dying you would to do 
       good last part of life and not bad” 
        
       May 3, 2019: “I hope nobody loses it and starts hurting them or their family that 
       wouldn’t reflect well on investors” 
        
       May 7, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon 
       cancer” 
        
       May 14, 2019: “Can someone confirm that [Complainant] as [sic] stage 4 colon 
       cancer” 
        
       May 28, 2019:  “Can someone confirm that [Complainant] as [sic] stage 4 colon 
      cancer” 
       
 
FINDING 
 
The Committee found that Dr. Smith committed an act of professional misconduct 
under paragraph 1(1)34 of Ontario Regulation 856/93, in that he engaged in conduct 
unbecoming a physician. 
 
FACTS ON PENALTY 
 
On October 4, 2019, the Discipline Committee found that Dr. Smith engaged in conduct 
or 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 and that he failed to maintain the standard of practice 
 of the profession. Further to the Discipline Committee’s Order, Dr. Smith is registered for 
 the PROBE course on ethics and professionalism on November 12-14, 2020.  
 Completion of the course was delayed, with the approval of the College, due to the 
 current pandemic. 
  
 PENALTY AND COSTS ORDER 
  
                                      2 

On July 21, 2020, the Committee ordered with respect to penalty and costs: 

   -  Dr. Smith is to attend before the panel to be reprimanded. 

   -  Dr. Smith is to pay costs to the College in the amount of $6,000 within 30 days of 
      the date of the Order.

Hearing Date(s): July 21, 2020

 

Committee: Discipline
Decision Date: 04 Oct 2019
Summary:

On July 12, 2019, the Discipline Committee found that Dr. Edward James Smith committed an act of 
 professional misconduct, in that he has engaged in conduct or 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, and has failed to maintain the standard of 
 practice of the profession. 

 Disgraceful, dishonourable or unprofessional conduct 

In 2010, the College’s Out-of-Hospital Premises Inspection Program (OHPIP) was created by Regulation 
114/94 to the Medicine Act.  All members had 60 days to notify OHPIP if they were performing the 
procedures outlined in the Regulation. Dr. Smith wrote to the College providing a list of procedures he 
performed in his family practice.  Based on his list of procedures, Dr. Smith fell within the ambit of the 
program and was required to comply with OHPIP Standards.  He was informed that his premises would 
have to be inspected and would have to be approved as an Out-of-Hospital premises (OHP).  Shortly 
after being notified of this requirement, Dr. Smith communicated with College staff and advised them 
that he was not in fact providing any OHP procedures to his patients and that no inspection was 
required.  Based on information provided by Dr. Smith, no inspection was ever conducted and his office 
was not approved as an OHP. 

In 2016, the College received information that another physician was performing OHP interventional 
pain management procedures in Dr. Smith’s office. This information triggered a College investigation, 
during which it was determined that, despite what he had told the OHPIP, Dr. Smith was in fact himself 
performing OHP interventional pain management procedures. OHPIP conducted an inspection that 
disclosed multiple deficiencies in Dr. Smith’s unapproved premises, including a failure to meet general 
physical standards, failure to meet medication standards and failure to meet staffing requirements, all 
of which are mandated in OHPIP Standards.   

OHIP data established that Dr. Smith billed OHIP for OHPIP procedures between 2011 and 2017. 

Failure to maintain the Standard of Practice 

The College ‘s expert outlined multiple deficiencies in Dr. Smith’s practice. Providing OHP procedures in 
an unapproved setting is an unsafe practice, particularly in light of the multiple deficiencies identified in 
the OHPIP inspection. The expert also concluded that Dr. Smith displayed a lack of judgment and 
knowledge in performing high-risk OHP procedure in an unapproved setting, without adequate staffing, 
equipment and adequate means or expertise to treat potential life-threatening complications.  

Disposition 
 
On October 4, 2019, the Discipline Committee ordered that: 
 - The Registrar suspend Dr. Smith’s certificate of registration for a period of seven 
    months, to commence on the date of this order; 
 - The Registrar place the following terms, conditions and limitations on Dr. Smith’s 
   certificate of registration: 
   o   Dr. Smith shall comply with College Policy #2-07 “Practice Management 
       Considerations for Physicians Who Cease to Practice, Take an Extended Leave of 
       Absence or Close Their Practice Due to Relocation”. 
   o   Dr. Smith will successfully complete the PROBE course in ethics and professionalism 
       at his own expense, within 6 months of the date of this Order, or any alternative 
       course in ethics and professionalism approved by the College. Dr. Smith will agree 
       to abide by any recommendations of the PROBE program and provide proof of 
       completion to the College. 
-  Dr. Smith shall appear before the Committee to be reprimanded; 
-  Dr. Smith pay to the College costs in the amount of $10,370.00 within 30 days of the date of this 
   Order. 
 
Appeal 
 
On October 10, 2019, Dr. Smith appealed the penalty decision to the Superior Court of Justice (Divisional 
Court). Pursuant to section 25.4(5) of the Health Professions Procedural Code, which is Schedule 2 to the 
Regulated Health Professions Act, 1991, the penalty decision of the Discipline Committee remains in 
effect despite the appeal. 
 
On December 9, 2019, Dr. Smith abandoned his appeal to the Divisional Court.


Decision: Download Full Decision (PDF)
Hearing Date(s): Hearing: July 12, 2019