On September 20, 2022, the Tribunal found that Dr. Aboujamra committed professional misconduct when he sexually abused a patient and engaged in disgraceful, dishonourable or unprofessional conduct by engaging in sexual touching of Patient A and making sexual comments to Patient A.
Pursuant to s. 51(4.2) of the Code, the Tribunal ordered that Dr. Aboujamra’s certificate of registration be suspended on an immediate interim basis until a penalty order was made.
Following a penalty hearing on October 21, 2022, the panel ordered that:
1. Dr. Aboujamra attend before the panel to be reprimanded.
2. the Registrar revoke Dr. Aboujamra’s certificate of registration effective immediately.
3. Dr. Aboujamra reimburse the College for funding provided to patients under the program required under s. 85.7 of the Code, by posting an irrevocable letter of credit or other security acceptable to the College, within thirty days of this Order in the amount of $16,060.
4. Dr. Aboujamra pay the College costs in the amount of $65,480 by November 21, 2022.
More detail can be found in the reasons for decision linked below. OPSDT reasons are also available at www.opsdt.ca and https://www.canlii.org/en/on/onpsdt/. The exhibits can be obtained by contacting the Tribunal Office at [email protected].
Appeal
On November 17, 2022, Dr. Aboujamra served a Notice of Appeal to the Divisional Court from the OPSDT’s decision. Pursuant to s. 25(1) of the Statutory Powers Procedure Act, RSO 1990, c. S.22, the decision of the OPSDT is not stayed pending the outcome of the appeal.
On June 16, 2023, the Divisional Court released its decision dismissing Dr. Aboujamra’s appeal.
On June 30, 2023, Dr. Aboujamra served a Notice of Motion with the Court of Appeal for Ontario for leave to appeal the Divisional Court’s decision of June 16, 2023.