Committee: Discipline
Decision Date: 30 Apr 2003
Summary:
On April 30, 2003 the Discipline Committee found Dr. Devgan to have committed acts of professional misconduct in that he charged a fee that was excessive in relation to the service performed; made a misrepresentation respecting a remedy, treatment or device; placed himself in a conflict of interest, and engaged in conduct relevant to the practice of medicine that, having regard to all the circumstances, would be regarded by members as disgraceful, dishonourable or unprofessional.
On June 26, 2003, the Discipline Committee held a penalty hearing. On June 27, 2003 the Discipline Committee revoked Dr. Devgan s certificate of registration.
On May 28, 2003, Dr. Devgan appealed the finding of professional misconduct by the Discipline Committee to the Divisional Court. On July 3, 2003, Dr. Devgan also appealed the penalty order of the Discipline Committee to the Divisional Court. Pursuant to subsection 25(1) of the Statutory Powers and Procedures Act, the decision of the Discipline Committee is stayed as a result of the appeal and, therefore, the penalty would not take effect pending the outcome of the appeal.
The College brought a motion to lift the stay on September 25, 2003. On September 26, 2003, the Divisional Court refused to lift the stay so long as the following conditions are complied with and until the appeal is concluded.
1. Dr. Devgan will file proof of the ordering of the transcript within 7 days.
2. Dr. Devgan will not offer carnivora, TVZ-7, or any other like substances to patients diagnosed with cancer.
3. Dr. Devgan will not enter into any financial arrangements with patients other than for the proper payment of reasonable professional fees.
4. Dr. Devgan will not sell any drugs or therapeutic preparations to his patients at a profit.
5. Dr. Devgan will cooperate with the College s employees who may make reasonable inspections of his office books and records of all kinds to ensure these conditions are being complied with.
The College brought a further motion to lift the stay of the penalty order. On January 27, 2004, the Divisional Court made an interim order to lift the stay pending its decision on the motion.
On February 11, 2004, the Divisional Court granted the College s motion to lift the stay .
Therefore, the decision of the Discipline Committee is now in effect and Dr. Devgan's certificate of registration is revoked effective January 27, 2004 at 11:59 pm.
On January 31, 2005, the Divisional Court dismissed Dr. Devgan's appeal. On February 9, 2005, Dr. Devgan filed a motion for leave to appeal to the Court of Appeal. On July 25, 2005, the Court of Appeal denied the motion for leave to appeal and awarded costs to the College of $1,500.
Therefore, the decision of the Discipline Committee remains in effect.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 2005-07-31
Hearing Date(s): Oct 07, 2002
Committee: Discipline
Decision Date: 22 Mar 1993
Summary:
In March 1993, Dr. Devgan pleaded guilty to a charge of professional misconduct, as defined in s. 27(4) of Ontario Regulation 448/80, as amended, in that he had a conflict of interest. The Discipline Committee accepted this plea, and found Dr. Devgan guilty of professional misconduct. Consequently, the Committee ordered that Dr. Devgan be reprimanded, with the fact of the reprimand to be recorded on the Register, and that the Doctor be fined the amount of $5000.00. The Committee further ruled that failure to pay said fine within ten months from the day on which this Order became final would result in the Registrar suspending the Doctor's licence to practise medicine until payment was made.
Appeal: No Appeal
Hearing Date(s): 22 Mar 1993