Previous Hearings
Committee: Discipline
Decision Date: 29 Nov 2010
Summary:
On Monday, November 29, 2010, the Discipline Committee, upon reading the Agreed Statement of Facts and Admission, and the undertaking of Dr. Kanhai dated October 27, 2010 never to practise medicine in any jurisdiction, found that Dr. Kanhai has committed an act of professional misconduct, in that he has been found guilty of an offence that is relevant to his suitability to practise; and that he has failed to maintain the standard of practice of the profession.
The findings relate to two separate incidents, the first in 2003 and the second a criminal conviction in 2007. On August 20, 2003, a 13-year-old patient and her mother attended on Dr. Kanhai for suture removal. After removing the sutures, Dr. Kanhai performed a medically unnecessary breast examination on the patient, which failed to meet the standard of practice of the profession. On August 16, 2006, a patient attended at Dr. Kanhai’s medical clinic for the purpose of having a physician sign her diet forms in support of her claim for a diet allowance. Without consent or medical justification, Dr. Kanhai put his hand down her bra and manipulated her breast and nipple. On or about November 9, 2007, Dr. Kanhai was found guilty of one count of sexual assault contrary to the Criminal Code in relation to this incident.
In light of his resignation and undertaking to never practise medicine again in any jurisdiction, the Discipline Committee ordered and directed that:
1. Dr. Kanhai pay to the College costs in the amount of $3,650.00, within 30 days of the date of this Order; and,
2. The results of this proceeding to be included on the register.
Decision: Download Full Decision (PDF)
Hearing Date(s): November 29, 2010
Committee: Discipline
Decision Date: 19 Apr 1999
Summary:
On April 19, 1999, the Discipline Committee heard an application to remove all terms, conditions and limitations which the Registrar had imposed March 6, 1998. The Committee directed the Registrar to
1. (a) remove the terms, conditions and limitations which the Registrar imposed on Dr. Kanhai's certificate of registration on March 6, 1998 pursuant to an Order of this Committee issued on about October 14, 1986 and modified on about August 24, 1990; and
(b) impose a term, condition and limitation on Dr. Kanhai s certificate of registration that:
(1) he notify the Registrar in writing of the location of his medical office within ten days of the commencement of his practice and of any change of location when that change is made; and
(2) he submit to and bear the cost of three inspections of his practice by two inspectors selected by the College on each occasion, who will report on the inspections to the Registrar of the College, the first of which is to occur about six months after the commencement of Dr. Kanhai s practice under this Order, the second of which is to occur about twelve months after the commencement of Dr. Kanhai s practice, and the third about twenty-four months after the commencement of Dr. Kanhai s practice under this Order.
2. If the College s inspectors report that there are deficiencies in Dr. Kanhai's practice which constitute a failure to maintain the standard of practice of the profession, the Registrar shall be directed to close the practice of Dr. Kanhai and to impose the following terms, conditions and limitations on Dr. Kanhai s certificate of registration:
(a) Dr. Kanhai may only carry on practise in an institutional setting as an employee of the institution, whether it be a hospital, corporation, or otherwise, and is prohibited from carrying on a private practice;
(b) Dr. Kanhai shall practise under the direct supervision of another physician who shall be approved by the Registrar and who shall undertake to the College to submit quarterly reports on Dr. Kanhai s practice to the Registrar before Dr. Kanhai is entitled to commence his supervised practice; and
(c) Dr. Kanhai shall submit to periodic inspections of his practice, for the purpose of verifying the quarterly reports of his supervising physician and assessing the adequacy of Dr. Kanhai s practice, the first of which is to be carried out about six months following the commencement of Dr. Kanhai s supervised practice and the remainder of which are to be carried out at such times as the Registrar directs.
3 If the Registrar acts under paragraph 2 hereof, then Dr. Kanhai shall have the right to bring the matter before a panel of the Discipline Committee if he disputes the findings of deficiencies that constitute a failure to maintain the standard of practice, for a determination of that issue. The further terms, conditions and limitations proposed under paragraph 2 shall not come into effect unless and until Dr. Kanhai makes an application to, and the panel of the Discipline Committee hearing the matter has decided the matter, which shall be on an expedited basis.
Appeal: No Appeal
Hearing Date(s): 19 Apr 1999
Committee: Discipline
Decision Date: 21 Apr 1995
Summary:
In April 1995, the Discipline Committee accepted Dr. Kanhai s application for removal of restrictions on his licence. The Committee ordered that the restrictions on Dr. Kanhai s licence to practice be removed on the following conditions:
1. Dr. Kanhai was to notify the Registrar in writing of the location of his medical office within ten days of the commencement of his practice.
2. Dr. Kanhai was to submit to periodic inspections of his practice by an inspector of the College. All costs of the inspection were to be assumed and paid for by Dr. Kanhai.
3. The first such inspection was to take place three months following the date of the commencement of Dr. Kanhai s practice; thereafter inspections were to occur at nine months, fifteen months and twenty-four months after the date of the commencement of his practice, unless the inspector considered that more frequent inspections were necessary.
4. If deficiencies in his practice were found that were a cause of concern to the inspector, and if these concerns were upheld by the Registrar, Dr. Kanhai was to be required to close his practice and the restrictions imposed in the previous decision of the Discipline Committee of 15 December 1992 were automatically to be reinstated.
In April, 1999, the Discipline Committee heard Dr. Kanhai s application for removal of terms and conditions on his licence. The Committee ordered that the terms and conditions imposed on Dr. Kanhai s certificate of registration be removed and that the following terms and conditions be imposed:
1. Dr. Kanhai is to notify the Registrar in writing of the location of his medical office within ten days of the commencement of his practice and of any change of location when that change is made; and
2. Dr. Kanhai is to submit to and bear the cost of three inspections of his practice by two Inspectors selected by the College on each occasion, who will report on the inspections to the Registrar of the College, the first of which is to occur about six months after the commencement of Dr. Kanhai s practice under this Order, the second of which is to occur about twelve months after the commencement of Dr. Kanhai s practice, and the third about twenty-four months after the c ommencement of Dr. Kanhai s practice under this Order.
Appeal: No Appeal
Hearing Date(s): 21 Apr 1995
Committee: Discipline
Decision Date: 05 Oct 1992
Summary:
In October 1992, the Discipline Committee denied Dr. Kanhai(s application for removal of restrictions on his licence.
Appeal: No Appeal
Hearing Date(s): 05 Oct 1992
Committee: Discipline
Decision Date: 24 Aug 1990
Summary:
In August 1990, the Discipline Committee accepted Dr. Kanhai(s application for removal of conditions and restrictions from his licence. Dr. Kanhai(s licence had been reinstated in October 1986, subject to certain limitations. At the present Discipline Hearing, the Committee ordered that condition # 3 be removed and replaced with the following:
3. Dr. Kanhai was only to be allowed to prescribe narcotic or controlled drugs for in- patients and out-patients of the institution in which he was employed.
In all other respects the application was denied.
Appeal: No Appeal
Hearing Date(s): 24 Aug 1990
Committee: Discipline
Decision Date: 23 Apr 1982
Summary:
In April 1982, the Discipline Committee heard two separate sets of allegations against Dr. Kanhai, which were dealt with together in one Discipline Hearing. In each of the two Notices of Hearing Dr. Kanhai was alleged to be guilty of professional misconduct, as defined in Ontario Regulation 577/75, as amended, in that he failed to maintain the standard of practice of the profession, contrary to s. 26(20); and in that he made improper use of the authority to prescribe, dispense or sell a drug, including falsifying a record in respect of a prescription or the sale of a drug, contrary to s. 26(25). In the second set of allegations, Dr. Kanhai was also alleged to be guilty of professional misconduct, as defined in s. 26(31) of Ontario Regulation 577/75, as amended, in that he engaged in conduct or an act relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. The Committee found Dr. Kanhai guilty on all of these counts, and consequently ordered that, with respect to the first set of allegations, his licence to practice be revoked. With regard to the second set of allegations, the Committee ruled that Dr. Kanhai(s licence was to be suspended for a period of three months, and it was further ordered that both of these penalties be served concurrently.
Appeal: Appeal Dismissed
Appeal Decision Date: 1984-03-05
Hearing Date(s): Apr 19, 1982
Application for Reinstatement
Decision Date: 14 Oct 1986
Decision: Application Accepted