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Thicke, Brian Christopher

CPSO#: 15865

MEMBER STATUS
Expired: Failure to Renew Membership as of 16 Aug 2018
CPSO REGISTRATION CLASS
None as of 16 Aug 2018
Flag: Indicates a concern or additional information

Summary

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Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:The University of Western Ontario, 1956

Practice Information

Primary Location of Practice
Practice Address Not Available

Registration History

Action Issue Date
First certificate of registration issued: Independent Practice Certificate Effective: 26 Jul 1956
Transfer of class of certificate to: Restricted certificate Effective: 23 Jan 2018
Terms and conditions imposed on certificate Effective: 23 Jan 2018
Expired: Failure to Renew Membership Expiry: 16 Aug 2018

Previous Hearings Flag: indicates a concern or additional information

Committee: Discipline
Decision Date: 08 Oct 2019
Summary:

NOTICE OF PUBLICATION BAN 
              
In the College of Physicians and Surgeons of Ontario and Dr. Brian Christopher Thicke, 
this is notice that the Discipline Committee ordered there shall be a ban on publication of 
the names and any information that could disclose the identity of complainants and 
patients referred to orally or in the exhibits filed at the hearing, except Patient A, Lisa 
Fruitman, Patient H, Miryana Golubovich, Complainant L, Cheryl Thorpe, under 
subsection 45(3) of the Health Professions Procedural Code (the “Code”), which is 
Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended. 
 
              
Subsection 93(1) of the Code, which is concerned with failure to comply with these 
orders, reads: 
              
      Every person who contravenes an order made under … section 45 or 47… is 
      guilty of an offence and on conviction is liable, 
      (a) in the case of an individual to a fine of not more than $25,000 for a first 
         offence and not more than $50,000 for a second or subsequent offence; or 
      (b) in the case of a corporation to a fine of not more than $50,000 for a first 
         offence and not more than $200,000 for a second or subsequent offence.  
             
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                 
                                       1 

      Indexed as: Ontario (College of Physicians and Surgeons of Ontario) v. Thicke,  
                                2019 ONCPSD 55 
                       THE DISCIPLINE COMMITTEE OF 
         THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO 
                                         
                        IN THE MATTER OF a Hearing directed by 
     the Inquiries, Complaints and Reports Committee of the College of Physicians and Surgeons of Ontario 
         pursuant to Section 26(1) of the Health Professions Procedural Code, being Schedule 2 of 
              the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended. 
  
 B E T W E N: 
 
                                         
         THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO 
                                         
                                     - and - 
                                        
                      DR. BRIAN CHRISTOPHER THICKE 
                                        
PANEL MEMBERS:           
                              DR. J. WATTERS (CHAIR) 
                              MS G. SPARROW  
                              DR. P. CHART 
                              MR. P. MALETTE 
                              DR. J. RAPIN 
                               
COUNSEL FOR THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO: 
 
                             MS ELISABETH WIDNER 
                             MS SIMMY DHAMRAIT 
 
COUNSEL FOR DR. THICKE: 
 
                              MR. PAUL-ERIK VEEL  
                              MS. AOIFE QUINN  
 
 
INDEPENDENT COUNSEL FOR THE DISCIPLINE COMMITTEE: 
 
                              MS. J. McALEER  
                                        
Hearing date:                 October 8, 2019 
Decision date:                October 8. 2019 
Release of Reasons Date:      November 6, 2019 
                                         
                           PUBLICATION BAN 
                                       2 

                    DECISION AND REASONS FOR DECISION 
                                         
 The Discipline Committee (the “Committee”) of the College of Physicians and Surgeons of 
 Ontario heard this matter at Toronto on October 8, 2019. At the conclusion of the hearing, the 
 Committee released a written order stating its finding that Dr. Brian Christopher Thicke 
 committed an act of professional misconduct and setting out its penalty and costs order with 
 written reasons to follow. 
  
 THE ALLEGATIONS 

The Notice of Hearing alleged that Dr. Thicke committed an act of professional misconduct: 
  
   1.  under clause 51(1)(b.1) of the Health Professions Procedural Code which is schedule 2 to 
       the Regulated Health Professions Act, 1991, S.O. 1991, c.18 (the “Code”) in that he 
       engaged in sexual abuse of patients; 
        
   2.  under paragraph 1(1)33 of Ontario Regulation 856/93 made under the Medicine Act, 
       1991, in that he has engaged in 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; 
  
   3.  under subsection 33(3)(c) of The Medical Act, R.S.O. 1960, c. 234, as amended by S.O. 
       1962-63, c. 80, s. 1 and S.O. 1965, c. 69, s. 3 and subsection 34(3)(c) of The Medical Act, 
       R.S.O. 1970, c. 268 in that he has been guilty of misconduct in a professional respect and 
       paragraph 26.28 of Ontario Regulation 577/75 made under the Health Disciplines Act 
       (“O. Reg. 577/75”) and paragraph 27.29 of Regulation 448 of the Revised Regulations of 
       Ontario 1980 made under the Health Disciplines Act (“O. Reg. 448/80”) and paragraph 
       29.30 of Regulation 548 of the Revised Regulations of Ontario 1990 made under the 
       Health Disciplines Act (“O. Reg. 548/90”) in that he engaged in sexual impropriety with 
       patients; and 
  
                                       3 

   4.  under subsection 34(3)(c) of The Medical Act, R.S.O. 1970, c. 268, in that he has been 
       guilty of misconduct in a professional respect and paragraph 26.31 of O. Reg. 577/75 and 
       paragraph 27.32 of O. Reg. 448/80 and paragraph 29.33 of O. Reg. 548/90 by 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. 
  
 RESPONSE TO THE ALLEGATIONS 
 
Dr. Thicke entered a plea of no contest to allegation 2 in the Notice of Hearing, under paragraph 
1(1)33 of O. Reg 856/93, in that he has engaged in an act or omission relevant to the practice of 
 medicine that, having regarding to all the circumstances, would reasonably be regarded by 
 members as disgraceful, dishonourable or unprofessional; and to allegation 4 in the Notice of 
 Hearing, under subsection 34(3)(c) of The Medical Act, R.S.O. 1970, in that he has been guilty of 
misconduct in a professional respect, and paragraph 26.31 of O. Reg. 577/75 made under the 
Health Disciplines Act, and paragraph 27.32 of O. Reg. 448/80 made under the Health 
Disciplines Act, and paragraph 29.33 of O. Reg. 548/90 made under the Health Disciplines Act, 
by 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. 

Counsel for the College withdrew the first and third allegations in the Notice of Hearing.  
 
THE FACTS  
 
The following facts were set out in a Statement of Uncontested Facts and Plea of No Contest 
which was filed as an exhibit and presented to the Committee: 
 
BACKGROUND 
 
1.    Dr. Brian Christopher Thicke (“Dr. Thicke”) is a ninety (90) year old physician who 
practiced family medicine. He received his certificate of registration in 1956.  
                                      4 

 
2.    Between approximately 1965 and 2018, Dr. Thicke practiced at Peel Village Medical 
located at 28 Rambler Drive in Brampton (“Peel Village Medical”). In addition to his family 
medicine practice, Dr. Thicke was a designated Civil Aviation Medical Examiner. He conducted 
civil aviation medical examinations for pilots and medical examinations for flight attendants. 
Between 1965 and 2018, Dr. Thicke held hospital privileges at William Osler Health System.  
 
3.    On January 23, 2018, Dr. Thicke entered into an undertaking in lieu of an Order under 
s.25.4 of the Health Professions Procedural Code to have a practice monitor present for all 
patient encounters. Dr. Thicke did not obtain a practice monitor and ceased practicing. His 
certificate of registration expired on August 16, 2018. 
 
DISGRACEFUL, DISHONOURABLE OR UNPROFESSIONAL CONDUCT 
 
Patient A (Lisa Fruitman) 
 
4.    In the 1990s, Lisa Fruitman (“Ms. Fruitman”) was in the process of obtaining a private 
pilot’s licence and was required to undergo a civil aviation medical examination. She saw Dr. 
Thicke for a civil aviation medical examination at Peel Village Medical on June 28, 1993. She 
was in her mid-twenties at the time.  
 
5.    At the end of the June 28, 1993, examination, Dr. Thicke told Ms. Fruitman to get back 
on the examination table as he wanted to conduct a breast examination. Ms. Fruitman was 
surprised and asked why a breast examination was necessary in the context of a civil aviation 
medical. Dr. Thicke asked Ms. Fruitman whether she was questioning his judgment. Dr. Thicke 
then conducted a breast examination on Ms. Fruitman.  
 
6.    Prior to conducting the breast examination, Dr. Thicke failed to: 
   ?  Explain to Ms. Fruitman the rationale for the exam and what the exam would involve; 
  ?  Obtain Ms. Fruitman’s informed consent before proceeding with the exam;  
  ?  Provide Ms. Fruitman with privacy to undress; and  
                                       5 

    ?  Provide Ms. Fruitman with proper draping or a gown. 
  
 7.    Dr. Thicke’s conduct had a long-lasting impact on Ms. Fruitman and she continues to feel 
extremely distressed.  
 
 Patient B 
  
 8.    In the late 1990s, Patient B was in the process of obtaining employment as a flight 
 attendant with an airline. She was twenty-two (22) years old at the time. The airline required her 
 to undergo a medical examination to complete the hiring process. The airline referred Patient B 
 to Dr. Thicke. Patient B saw Dr. Thicke at his office at Peel Village Medical on one occasion in 
 the late 1990s for the medical examination.  
  
 9.    During the appointment, Dr. Thicke used unprofessional and inappropriate language by 
 telling her he needed to check her “boobs”.  
  
 10.   Prior to conducting the breast examination, Dr. Thicke failed to:  

    ?  Explain to Patient B the rationale for the exam and what the exam would involve; 

    ?  Obtain Patient B’s informed consent before proceeding with the exam; and  

    ?  Provide Patient B with proper draping or a gown. 

 11.   As a result of Dr. Thicke’s conduct, Patient B felt that the examination was “weird”. 

 12.   The airline is now defunct. Records indicating the specific date of Patient B’s 
 appointment with Dr. Thicke are not available. 

 Patient C  

 13.   In the 1980s, Dr. Thicke conducted life insurance medical assessments for Sun Life 
 Insurance. Patient C was twenty-seven (27) years old and was in the process of obtaining life 
 insurance. The insurance company referred Patient C to Dr. Thicke for the medical assessment. 
                                       6 

 Patient C saw Dr. Thicke on June 22, 1983 at his office at Peel Village Medical.  

 14.   At the beginning of the appointment, Dr. Thicke asked Patient C to remove all of her 
 clothing, including her bra, leaving on only her underwear. Dr. Thicke left the examination room 
 and returned once Patient C was undressed.  

15.   Patient C felt embarrassed and uncomfortable as she was not provided with any draping 
or a gown to cover herself, leaving her breasts fully exposed. 

16.   Prior to conducting the breast examination, Dr. Thicke failed to:  

   ?  Explain to Patient C the rationale for the exam and what the exam would involve; 

   ?  Obtain Patient C’s informed consent before proceeding with the exam; and  

   ?  Provide Patient C with proper draping or a gown. 

17.   As a result of Dr. Thicke’s conduct, Patient C left the appointment feeling very upset. 

 Patient D  

 18.   Dr. Thicke was Patient D’s family physician between approximately 1966 and 1992. 
 Patient D attended medical appointments at Dr. Thicke’s office at Peel Village Medical.  

 19.   Beginning in her teenage years, Patient D saw Dr. Thicke for physical examinations 
 which included several breast examinations and internal examinations. On these occasions, 
 Patient D undressed completely and wore a gown tying at the back. Prior to each breast 
 examination, without providing any warning or explanation, Dr. Thicke pulled down Patient D’s 
 gown from the front off her shoulders, exposing her breasts. Patient D felt exposed and 
 uncomfortable. 

 20.   Prior to conducting the breast examinations, Dr. Thicke failed to: 

    ?  Explain to Patient D the rationale for the exam and what the exam would involve; and 

    ?  Obtain Patient D’s informed consent before proceeding with the exam.  
                                      7 

21.   At one appointment, date unknown, when Patient D was approximately 15 or 16 years 
old, Dr. Thicke failed to show appropriate sensitivity while he was conducting a Pap test and 
commented, “aren’t you a healthy looking young lady”. Patient D was a young teenager and this 
was her first Pap test. Patient D was disturbed by the comment.  

22.   As a result of Dr. Thicke’s conduct, Patient D felt upset and uncomfortable.  

Patient E 

23.   In approximately 1996, Patient E was in the process of obtaining employment as a flight 
attendant with an airline. She was in her twenties at the time. The airline required her to undergo 
a medical examination to complete the hiring process. The airline referred Patient E to Dr. 
Thicke. Patient E saw Dr. Thicke on one occasion at Peel Village Medical for the examination.  

24.   During the medical appointment, Dr. Thicke asked Patient E to remove her shirt. She 
remained in her bra and pants. Dr. Thicke remained in the room while Patient E undressed and 
did not provide her privacy. He did not offer Patient E a gown or drape.  

25.   Dr. Thicke conducted a breast examination on Patient E. Prior to conducting the breast 
examination, Dr. Thicke failed to: 

   ?  Advise Patient E that he was going to conduct a breast examination; 

   ?  Explain to Patient E the rationale for the exam and what the exam would involve;  

   ?  Obtain Patient E’s informed consent before proceeding; 

   ?  Provide Patient E with privacy to undress; and 

   ?  Provide Patient E with proper draping or a gown. 

26.   As a result of Dr. Thicke’s conduct, Patient E felt confused and upset. 

27.   The airline is now defunct. Records indicating the specific date of Patient E’s 
appointment with Dr. Thicke are not available.  

Patient F 
                                      8 

28.   Patient F was a patient of Dr. Thicke between approximately 1965 to 1980. She saw Dr. 
Thicke at his office at Peel Village Medical. 

29.   When Patient F was approximately eighteen (18) or nineteen (19) years old, she attended 
an appointment with Dr. Thicke to obtain a birth control prescription. At this appointment, Dr. 
Thicke conducted a physical examination of Patient F which included a breast exam and internal 
exam. This was Patient F’s first physical examination. Dr. Thicke told Patient F to undress 
completely and put on a gown. He did not provide her privacy to undress and Patient F felt 
exposed and uncomfortable.  

30.   During the appointment, Dr. Thicke used unprofessional and inappropriate language with 
Patient F by telling her that he was first going to examine her “boobies”. Dr. Thicke then 
conducted a breast examination on Patient F.  

31.   Prior to conducting the breast examination, Dr. Thicke failed to: 

  ?  Explain to Patient F the rationale for the exam and what the exam would involve; and 

  ?  Obtain Patient F’s informed consent before proceeding with the exam. 

32.   Prior to conducting the internal examination, Dr. Thicke failed to:  

  ?  Explain to Patient F the rationale for the exam and what the exam would involve; and  

  ?  Obtain Patient F’s informed consent before proceeding with the exam. 

33.   At the end of the appointment, Dr. Thicke provided Patient F a prescription for birth 
control and made an unprofessional and inappropriate comment stating that the prescription was 
not a “licence for promiscuity”.  

34.   As a result of Dr. Thicke’s conduct, Patient F continues to feel embarrassed and ashamed. 

Patient G 

35.   Dr. Thicke was Patient G’s family physician between approximately 1992 and 2017. 
Patient G attended medical appointments at Dr. Thicke’s office at Peel Village Medical.  

36.   During appointments with Patient G, Dr. Thicke made rude, inappropriate and 
                                       9 

 unprofessional comments to her as follows: 

    ?  Dr. Thicke commented on Patient G’s appearance and called her ugly; and 

    ?  Dr. Thicke made insensitive and demeaning comments about Patient G’s deceased 
       mother and her mother’s finances.  

 37.   In addition, while taking Patient G’s blood pressure, Dr. Thicke failed to take sufficient 
 care to maintain Patient G’s privacy and spatial boundaries. As a result, on several occasions, Dr. 
 Thicke’s hand and arm brushed against the side of Patient G’s breast.  

 38.   As a result of Dr. Thicke’s conduct, Patient G felt very nervous and anxious during 
 appointments.  

 Patient H (Miryana Golubovich) 

 39.   In May 2005, Miryana Golubovich (“Ms. Golubovich”) was in the process of obtaining 
employment as a flight attendant with an airline. She was twenty-five (25) years old at the time. 
The airline required her to undergo a medical examination to complete the hiring process. Ms. 
Golubovich was referred to Dr. Thicke by the airline. She saw Dr. Thicke on May 30, 2005 at 
Peel Village Medical. 

40.   During the medical appointment, Dr. Thicke told Ms. Golubovich that he needed to 
examine her heart with a stethoscope. She sat on the examining table and unbuttoned the top two 
buttons of her shirt. Without providing any explanation or obtaining informed consent, Dr. 
Thicke unbuttoned two more buttons of Ms. Golubovich’s shirt and displaced her shirt and bra 
strap. As a part of the examination, he then placed his stethoscope and hand underneath her bra 
strap to listen to her heart. Ms. Golubovich felt Dr. Thicke’s hand on her nipple and breast. Dr. 
Thicke failed to show appropriate sensitivity by allowing his hand to rest on her nipple and 
breast without any explanation.  

41.   Ms. Golubovich was troubled by Dr. Thicke’s conduct.  

                         
                                       10 

 Patient I 

 42.   In the mid-1980s Patient I was a private pilot. To obtain her private pilot’s licence, she 
 was required to undergo a civil aviation medical examination. Her flying club recommended Dr. 
 Thicke to its members. Patient I saw Dr. Thicke on one occasion sometime in approximately 
 1985 at Peel Village Medical. 

 43.   Dr. Thicke conducted a civil aviation medical examination of Patient I. At some point 
 towards the end of the appointment, Dr. Thicke conducted a breast examination on Patient I.  

 44.   Prior to conducting the breast examination, Dr. Thicke failed to: 

   ?  Explain to Patient I the rationale for the exam and what the exam would involve; and 

   ?  Obtain Patient I’s informed consent before proceeding with the exam.  

45.   As a result of Dr. Thicke’s conduct, Patient I was shocked and upset. 

 Patient J 

 46.   Patient J and her husband were members of a flying club and Patient J wanted to obtain a 
 private pilot’s licence. To obtain her private pilot’s licence, she was required to undergo a civil 
 aviation medical examination. The flying club recommended Dr. Thicke to its members. Patient 
J saw Dr. Thicke on one occasion on September 24, 1987 at Peel Village Medical for the medical 
 examination. She was thirty-seven (37) years old.  

 47.   Dr. Thicke conducted a civil aviation medical examination of Patient J. At some point 
 towards the end of the appointment, without any warning or explanation, Dr. Thicke displaced 
 Patient J’s clothing and conducted a breast examination on Patient J. Patient J was not expecting 
 a breast examination.  

 48.   Prior to conducting the breast examination, Dr. Thicke failed to: 

    ?  Advise Patient J that he was going to conduct the examination; 

    ?  Explain to Patient J the rationale for the exam and what the exam would involve; 
                                       11 

    ?  Obtain Patient J’s informed consent before proceeding; and 

    ?  Provide Patient J with proper draping or a gown. 

 49.   As a result of Dr. Thicke’s conduct, Patient J felt shocked and extremely confused.  

 Patient K 

 50.   Patient K was a patient of Dr. Thicke in approximately 1984 and 1985. Patient K 
 attended medical appointments at Dr. Thicke’s office at Peel Village Medical.  

 51.   During several medical appointments, Dr. Thicke made inappropriate and unprofessional 
 comments about Patient K’s appearance and her figure. Patient K found these comments very 
 odd and this made her uncomfortable.  

 52.   At Patient K’s last medical appointment, Dr. Thicke made an inappropriate and 
 unprofessional comment to Patient K about the importance of getting her “boobies” checked.  

 53.   As a result of Dr. Thicke’s conduct, Patient K was very upset and never returned to see 
 Dr. Thicke again. 

 Complainant L (Cheryl Thorpe)  

 54.   Between 1975 and 1978, Cheryl Thorpe (“Ms. Thorpe”) was employed as a nurse at the 
 Peel Memorial Hospital in Brampton. She was twenty-three (23) years old. Dr. Thicke held 
privileges at Peel Memorial Hospital during that time. Ms. Thorpe was a colleague of Dr. Thicke 
and periodically saw him at the hospital.  

55.   On a date in approximately 1977, Ms. Thorpe was working a nursing shift in the hospital. 
She was assigned to work in the nursery and was asked to bottle-feed a baby.  

56.   During her shift in the nursery, Ms. Thorpe was seated on a chair behind a partition wall 
with a baby in her arms, bottle-feeding the baby. She was alone in the nursery. Dr. Thicke 
unexpectedly approached her. Ms. Thorpe does not recall whether Dr. Thicke greeted her or 
whether she had any conversation with Dr. Thicke. Dr. Thicke, while standing in front of Ms. 
Thorpe, slid his hand into her uniform and grabbed and squeezed her left breast. He then left. 
                                       12 

 57.   Ms. Thorpe was startled and in disbelief.   

 58.   She immediately reported the incident to the head nurse and subsequently to the Director 
 of Nursing at the hospital.  

 Patient M 

 59.   In 2004, Patient M was in the process of obtaining employment as a flight attendant with 
 an airline. She was twenty-six (26) years old at the time. The airline required her to undergo a 
 medical examination to complete the hiring process. Patient M was referred to Dr. Thicke by the 
 airline. Patient M saw Dr. Thicke on one occasion on April 6, 2004 at his office at Peel Village 
 Medical for the examination. 

 60.   At the beginning of the examination, Dr. Thicke asked Patient M to remove her shirt. Her 
 bra and pants remained on. Dr. Thicke remained in the room while Patient M undressed. He did 
 not provide her with privacy. He did not offer or provide Patient M with any draping or a gown. 

 61.   Patient M sat on the examination table and Dr. Thicke told her he was going to check her 
 heartbeat with a stethoscope. Without warning or explanation, Dr. Thicke moved Patient M’s bra 
 with his hand. This resulted in Patient M feeling exposed and uncomfortable. Dr. Thicke then 
 placed the stethoscope on Patient M’s chest to listen to her heartbeat. Patient M felt Dr. Thicke’s 
 hand on her breast and nipple. Dr. Thicke failed to show appropriate sensitivity by allowing his 
 hand to rest on Patient M’s breast and nipple without any explanation 

 62.   Dr. Thicke made an inappropriate and unprofessional comment about Patient H’s 
 appearance by stating, “why are all of you girls from Montreal so pretty”.    

 63.   As a result of Dr. Thicke’s conduct, Patient H felt extremely upset.  

 Patient N 

 64.   In 2005, Patient N was in the process of obtaining employment as a flight attendant with 
an airline. The airline required her to undergo a medical examination to complete the hiring 
 process. Patient N was referred to Dr. Thicke by the airline. Patient N saw Dr. Thicke on one 
 occasion in approximately the spring of 2005 at his office at Peel Village Medical. 
                                       13 

 65.   During the medical appointment, Dr. Thicke conducted a breast examination.  

66.   Prior to conducting the breast examination, Dr. Thicke failed to:  

    ?  Advise Patient N that he was going to conduct a breast examination;  

    ?  Explain to Patient N the rationale for the exam and what the exam would involve; 

    ?  Obtain Patient N’s informed consent before proceeding with the exam; and  

    ?  Provide Patient N with proper draping or a gown. 

 67.   As a result of Dr. Thicke’s conduct, Patient N felt very confused about the breast 
 examination.  

 Patient O 

 68.   Dr. Thicke was Patient O’s family physician between approximately 1967 and 1987. 
 Patient O attended medical appointments at Dr. Thicke’s office at Peel Village Medical. 

 69.   On a date in approximately 1982, Patient O saw Dr. Thicke for a medical appointment. 
 She was approximately fifteen (15) years old at the time. Months earlier, Patient O had sustained 
 a fall that had resulted in a persistent bump on her right buttocks. Her mother was concerned that 
 the bump was cancerous and wanted Patient O to get it examined. Patient O attended the 
 appointment on her own.  

 70.   During the appointment, Patient O told Dr. Thicke of her concerns about the bump on her 
 buttocks. Dr. Thicke asked Patient O to lower her pants and underwear so he could examine the 
 bump. He remained in the room when Patient O undressed and did not provide her privacy. He 
 did not offer or provide her with any draping or a gown. While Patient O was standing, Dr. 
 Thicke examined the bump on her buttocks and made an inappropriate and unprofessional 
 comment about Patient O being overweight, calling her a “fat ass” and suggesting that if she lost 
 weight the bump would probably go away.  

 71.   Patient O had ongoing weight issues during that time and felt ridiculed by Dr. Thicke.  
                                       14 

 PLEA OF NO CONTEST 

72.   Dr. Thicke does not contest the facts specified above in paragraphs 1-71, and does not 
contest that, based on these facts, he engaged in professional misconduct by engaging 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. 

RULE 3.02 – PLEA OF NO CONTEST 
 
Rule 3.02 of the Rules of Procedure of the Discipline Committee regarding a plea of no contest 
states as follows: 
 
      3.02(1) Where a member enters a plea of no contest to an allegation, the member consents 
      to the following: 
       
         a) that the Discipline Committee can accept as correct the facts alleged against the 
            member on that allegation for the purposes of College proceedings only; 
         b) that the Discipline Committee can accept that those facts constitute professional 
            misconduct or incompetence or both for the purposes of College proceedings 
            only; and 
         c) that the Discipline Committee can dispose of the issue of what finding ought to be 
            made without hearing evidence. 

FINDINGS 
 
The Committee accepted as correct all of the facts set out in the Statement of Uncontested Facts. 
Having regard to these facts, the Committee accepted Dr. Thicke’s plea of no contest and found 
that he committed an act of professional misconduct: 
 
(i)   under paragraph 1(1)33 of O. Reg. 856/93 made under the Medicine Act, 1991, in that he 
      has engaged in an act or omission relevant to the practice of medicine that, having 
                                       15 

       regarding to all the circumstances, would reasonably be regarded by members as 
       disgraceful, dishonourable or unprofessional; and 
        
 (ii)  under subsection 34(3)(c) of The Medical Act, R.S.O. 1970, c. 268, in that he has been 
       guilty of misconduct in a professional respect and paragraph 26.31 of O. Reg. 577/75 
       made under the Health Disciplines Act, and paragraph 27.32 of O. Reg. 448/80 of the 
      Revised Regulations of Ontario 1980 made under the Health Disciplines Act, and 
      paragraph 29.33 of O. Reg. 548/90 of the Revised Regulations of Ontario 1990 made 
      under the Health Disciplines Act, by 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. 

AGREED STATEMENT OF FACTS ON PENALTY 

The following facts were set out in an Agreed Statement of Facts on Penalty, which was filed as 
 an exhibit and presented to the Committee: 
  
 1.    Dr. Thicke entered into an undertaking to the College on October 8, 2019, by which he 
 agreed not to apply or re-apply for registration as a physician to practise medicine in Ontario or 
 any other jurisdiction, effective immediately. The undertaking is attached at Tab 1 to the Agreed 
 Statement of Facts on Penalty. 
  
 2.    Dr. Thicke has no prior history with the Discipline Committee. 
        
 3.    Attached at Tab 2 to the Agreed Statement of Facts on Penalty are victim impact statements 
 from Patient F, Patient K and Patient M. 

 PENALTY AND REASONS FOR PENALTY 

 Counsel for the College and counsel for Dr. Thicke made a joint submission as to an appropriate 
 penalty and costs order. The order proposed by the parties included that Dr. Thicke appear before 
 the panel to be reprimanded, and that he pay costs to the College in the amount of $10,370.00 
 within thirty days of the date of the order. 
                                       16 

 The College filed an undertaking signed by Dr. Thicke on October 8, 2019 (Exhibit 3, Tab1). 
 This contains his acknowledgement that he ceased practising medicine as of January 23, 2018, 
 that his certificate of registration expired on August 16, 2018 and his undertaking not to apply or 
 re-apply as a physician to practise medicine in Ontario or any other jurisdiction. 

In considering the proposed penalty order, the Committee reflected upon the well-established 
 penalty principles applicable in the discipline setting. In this matter, denunciation of the conduct, 
 general deterrence and maintaining public confidence in the integrity of the profession and 
 professional regulation were particularly relevant. Public protection, while always paramount, 
 was already satisfied as a result of Dr. Thicke’s cessation of practice and by his undertaking 
 never to reapply for a certificate of registration. Specific deterrence and rehabilitation were not 
 factors the Committee considered, given the circumstances of the misconduct and Dr. Thicke’s 
 undertaking never to reapply for a certificate of registration. A penalty should always be 
 proportionate to the misconduct. In this case, given the number of complainants and the fact this 
 misconduct took place over decades, the Committee would have ordered that Dr. Thicke’s 
 certificate of registration be revoked, but for his undertaking, as there is no room in the 
 profession for someone who has engaged in this scope of misconduct.  

 The Committee was also aware of the direction of the Supreme Court of Canada in R. v. 
 Anthony-Cook, 2016 SCC 43, that a joint submission should be accepted by the Committee, 
 unless the proposed penalty would bring the administration of justice into disrepute, or would 
 otherwise be contrary to the public interest. 

 In this matter, the misconduct spanned almost three decades. The two allegations of disgraceful, 
 dishonourable or unprofessional conduct refer to conduct occurring before and after a change in 
 legislation which occurred on February 2, 1995. Allegation 2 in the Notice of Hearing applies to 
 Patients E, G, H, M, N. Allegation 4 in the Notice of Hearing applies to Patients A, B, C, D, F, 
 G, I, J, K, L, O. Due to the range in dates, both allegations apply to Patient G . 
  
                          
                                       17 

 ANALYSIS 

 Nature and Extent of the Professional Misconduct  

 Dr. Thicke pled no contest  to appalling and reprehensible conduct, which occurred over three 
 decades, and which involved many patients and one nurse.  

 The misconduct with respect to patients included performing breast and other intimate 
 examinations without explanation or informed consent. Dr. Thicke regularly failed to respect 
patient privacy when patients were disrobing and often did not provide appropriate draping. Dr. 
Thicke used  rude and offensive language in his interactions with patients. He breached 
boundaries fundamental to proper and effective professional relationships. 

 The Committee was particularly disturbed by the following: 

    •  Dr. Thicke’s use of abusive language in referring to a fifteen year old patient as “a fat 
       ass”. He repeatedly referred to women’s breasts as “boobies”. He commented on a 
       patient’s appearance and called her ugly. This rude and  inappropriate language left 
       patients understandably offended and upset; 

    •  Many of Dr. Thicke’s patients were particularly vulnerable in that they had been 
       specifically referred to him for pre-employment physical examinations, for civil aviation 
       medical examinations or for life insurance medical examinations. In all instances, 
       patients had to obtain a medical assessment and there was a disincentive for them to 
       report any concerns about Dr. Thicke’s conduct of the examinations; 

    •  Dr. Thicke’s inappropriate and offensive behavior extended beyond his patients and 
       involved a nurse whose breast he grabbed while she was alone in a hospital nursery 
       bottle-feeding a baby. This act was profoundly disturbing and extremely offensive; and, 

    •  Dr. Thicke did not appropriately treat teenaged patients with the sensitivity they deserved 
       when he failed to explain his examination and made inappropriate comments such as 
       birth control measures not being a “license for promiscuity”. This left one patient 
                                       18 

       ashamed and embarrassed. To another patient, Dr. Thicke commented “Aren’t you a 
       healthy looking young lady” during her first pap test, which was extremely inappropriate.  
  
 The consequences to patients of the behavior fully described in the Statement of Uncontested 
 Facts must not be underestimated. As illustrated in the witness impact statements received by the 
 Committee, patients have felt betrayed and have lost their trust in the medical profession, 
 particularly in male physicians. Humiliation, self-deprecation and shame were expressed. The 
effect of Dr. Thicke’s behavior has left patients profoundly upset and this has endured for many 
years.  
 
Dr. Thicke’s reprehensible and disrespectful behavior has had a detrimental impact on the 
public’s view of the medical profession. The public places great trust in the medical profession 
and, in turn, expects the profession to uphold core values including placing patients’ needs 
foremost and treating patients with both sensitivity and  respect. Dr. Thicke’s misconduct 
undermines this trust and brings the reputation of the profession into disrepute. The Committee 
regrets that he was able to continue with this repugnant behavior for so long a time. 
 
Such serious misconduct requires serious sanction. 
 
Aggravating Factors 
 
The number of individuals impacted (patients and a nurse), the young age and vulnerability of 
several patients, the nature of the misconduct and the fact that it took place over three decades 
are all aggravating factors.  
 
Mitigating Factors 
 
Dr. Thicke’s plea of no contest is a mitigating factor. This has reduced the time and costs of a 
hearing and spared witnesses the need to testify. However, the fact that Dr. Thicke entered a plea 
of no contest and has undertaken never to apply or reapply to practise medicine does not lessen 
his culpability, nor the seriousness of his misconduct.  
                                       19 

 Case Law 

 The Committee received three prior College cases for review (CPSO v. Jiaravuthisan, 2016; 
 CPSO v. Rudd, 2018; CPSO v. Mossanen, 2018). All of these cases involved allegations of 
 disgraceful, dishonourable or unprofessional conduct and proceeded by way of an agreed 
 statement of facts or a plea of no contest. The penalty assessed in all of these cases included an 
 undertaking to resign from the medical profession and never to reapply in Ontario or any other 
 jurisdiction.  

 Even though the misconduct in each of the three cases is unique, all represented serious 
 misconduct. In each case, public protection was achieved through an undertaking to resign and 
 never to reapply. The penalty order proposed for Dr. Thicke is similar and the Committee 
 accepts it as appropriate, given the expiry of Dr. Thicke’s certificate of registration in 2018 and 
 his October 8, 2019 undertaking to the College not to apply or re-apply for registration to 
practise medicine as a physician in Ontario or any other jurisdiction, effective immediately. 
  
 CONCLUSION 
  
 The Committee accepts the jointly proposed penalty as appropriate in the circumstances of this 
 case. 
  
 Protection of the public, general deterrence and public confidence in the integrity of the 
 profession and the College’s ability to regulate the profession in the public interest are achieved, 
 given Dr. Thicke’s undertaking not to apply or reapply to practice medicine in Ontario or any 
 other jurisdiction. Viewed in its entirety, the undertaking plus the penalty of a reprimand send a 
 clear message to the profession and the public that failure to behave in a proper professional 
 manner is a serious issue and that such misconduct will not be tolerated. 
  
 The Committee in its reprimand sternly condemned Dr. Thicke for his behavior, which the 
 Committee found deeply repugnant. The Committee indicated that, but for the fact that Dr. 
 Thicke no longer held a certificate of registration, the Committee would have ordered revocation. 
 The Committee took some comfort that Dr. Thicke will never again practise medicine in any 
                                      20 

jurisdiction. He has, however, left a stain on the profession and the Committee is deeply 
saddened that so many women suffered as a result of his misconduct for so long. The Committee 
recognizes that it must have been very difficult for these women to come forward and to assert 
these allegations and they are to be commended for doing so. Our profession must do all that it 
can to create an atmosphere where such misconduct is never tolerated and patients and 
colleagues who face such abhorrent behaviour are encouraged to disclose such misconduct and 
are supported when they do so. 
 
The Committee also accepted the joint submission with respect to costs and concluded that this 
was an appropriate case in which to order Dr. Thicke to pay costs in the amount of $10,370.00. 
 
ORDER 
 
The Committee stated its findings in paragraph 1 of its written order of October 8, 2019. In that 
order, the Committee ordered and directed on the matter of penalty and costs that:  
 
2.    Dr. Thicke attend before the panel to be reprimanded. 

3.    Dr. Thicke pay costs to the College in the amount of $10,370.00 within thirty (30) days of 
      the date of this Order. 

At the conclusion of the hearing, Dr. Thicke waived his right to an appeal under subsection 70(1) 
of the Code and the Committee administered the public reprimand. 
                         
                                      21 

                        TEXT of PUBLIC REPRIMAND 
                                October 8, 2019 
                               in the case of the 
            COLLEGE OF PHYSICIANS and SURGEONS of ONTARIO 
                                     and 
                      Dr. BRIAN CHRISTOPHER THICKE 
                                        
Dr. Thicke, the panel is appalled by your actions and finds them deeply repugnant. 
 
You were in a position of power in respect of your patients, and you grossly violated the trust 
that they had in you. Patients and the public expect that physicians will act with respect, 
competence, and in the patient’s best interest. For a great many patients and over many decades 
of practice, you breached in a profound way the expectations and boundaries that are 
fundamental to proper and effective professional relationships.  
 
You demonstrated a profound lack of respect for your patients by failing to explain and obtain 
consent for intimate exams, and not allowing them privacy for disrobing and gowning. You used 
highly inappropriate language and made demeaning comments. Your actions in grabbing the 
breast of a colleague in the hospital nursery is egregious and deeply offensive. 
 
The panel is particularly troubled by the fact that you engaged in such misconduct with 
vulnerable patients, all of whom were women. A number of patients were teenagers or young 
women who had had no experience of intimate exams, and many patients had no alternative but 
to undergo examinations as a final step to seeking employment or licensure.  
 
Your misconduct has caused profound and long-lasting harm to your patients, who have lost 
their trust in the profession and in male physicians. Patients were very confused by your actions, 
and felt ridiculed, shamed, embarrassed, shocked and deeply upset.  
 
The public trusts that physicians will act with respect and integrity in the interests of their 
patients. Your actions were deeply unworthy of a physician. You violated the most basic 
expectations the public has of physicians and you have brought the profession into disrepute.   
 
The Panel deeply regrets that you were able to continue with this reprehensible behaviour for so 
many decades.  
 
Someone who has acted in the ways that you have must be removed from the profession.  
 
Dr. Thicke, you should be in no doubt that, if the hearing were contested and the panel found the 
facts we have accepted today, we would have no hesitation in revoking your certificate of 
registration. The panel does take some comfort that you will never practise medicine again in any 
jurisdiction. 
 
                            This is not an official transcript

Hearing Date(s): Motion: November 13, 2018 Hearing: October 8, 2019

Concerns Flag: indicates a concern or additional information

Source: Member
Active Date: October 8, 2019
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Brian Christopher Thicke to the College of Physicians and Surgeons of Ontario, effective October 8, 2019:

Dr. Thicke was referred to the Discipline Committee on allegations of professional misconduct. Dr. Thicke’s certificate of registration expired on August 16, 2018. In the face of the allegations, Dr. Thicke has agreed never to apply or reapply for registration as a physician in Ontario or any other jurisdiction.
Download Full Document (PDF)

 

Source: Member
Active Date: January 23, 2018
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Brian Christopher Thicke to the College of Physicians and Surgeons of Ontario, effective January 23, 2018:

Dr. Thicke is the subject of a referral to the Discipline Committee into allegations of professional misconduct. As a result of the referral:

Dr. Thicke must not engage in any professional encounters, in person or otherwise, with patients of any age, in any jurisdiction, unless the patient encounter takes place in the continuous presence of a monitor who is a regulated health professional acceptable to the College, and unless the other requirements provided in Dr. Thicke’s Undertaking with the College are fulfilled. For further clarity, Dr. Thicke must not be alone with any patient during any professional encounter.

Dr. Thicke shall post a sign in all waiting rooms, examination rooms and consulting rooms, in all Practice Locations, in a clearly visible and secure location, that states: “Dr. Thicke must not have professional encounters, in person or otherwise, with patients of any age, unless in the continuous presence of a practice monitor acceptable to the College of Physicians and Surgeons of Ontario. Dr. Thicke must not be alone with any patient during any professional encounter. Further information may be found on the College website at www.cpso.on.ca”.