Committee: Discipline
Decision Date: 20 Feb 2009
Summary:
On February 20, 2009, the Discipline Committee found that Dr. Sazant was guilty of misconduct in a professional respect under s. 34(3)(c) of The Medical Act, R.S.O. 1970, c. 268; and has committed professional misconduct, by sexual impropriety with a patient, under para. 26.28 of O.Reg. 577/75 under the Health Disciplines Act, and 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 under para. 26.31 of O.Reg. 577/75, para. 27.32 of O.Reg. 448/80, and para. 29.33 of O.Reg. 548/90, under the Health Disciplines Act. Dr. Sazant engaged in acts of professional misconduct with three boys. Regarding one individual, Dr. Sazant engaged in disgraceful, dishonourable, or unprofessional conduct, including tying him up when he was 12 years old, hitting him with a belt, having the boy tie him to a bed, sexual touching, and providing him with alcohol. Regarding the second individual, who was a patient, Dr. Sazant engaged in misconduct in a professional respect, acts of sexual impropriety, and disgraceful, dishonourable or unprofessional conduct, including kissing and hugging him, tying him to a bed, sexual touching and activity. With regard to the third individual, Dr. Sazant engaged in disgraceful, dishonourable, or unprofessional conduct, including kissing him, tying him to the bed, oral sex and sexual touching.
On September 2, 2009, the Discipline Committee ordered and directed that:
1. The Registrar revoke Dr. Sazant's certificate of registration effective immediately.
2. Dr. Sazant pay costs to the College in the amount of $95,812, within 90 days of the date of the order.
3. The results of the proceeding be included in the register.
On September 21, 2009, Dr. Sazant appealed the decision of the Discipline Committee to the Divisional Court.
In the circumstances, the decision of the Discipline Committee remained in effect despite the appeal.
On October 15, 2009, the Divisional Court ordered that Dr. Sazant's revocation be stayed and that he be permitted to practise under the following terms, conditions and limitations pending the appeal:
1. Dr. Sazant not have any professional encounters with patients under the age of 16 years old.
2. Dr. Sazant consents to the College of Physicians and Surgeons of Ontario having access to his OHIP billings.
3. Dr. Sazant shall not interfere with unannounced inspections of his office(s), practice(s), and patient charts by a College representative for the purpose of monitoring compliance and enforcing his compliance with the terms of this Order.
On January 17, 2011, the Divisional Court dismissed Dr. Sazant's appeal and upheld the decision of the Discipline Committee. Therefore, the decision of the Discipline Committee is in effect.
On February 1, 2011, Dr. Sazant filed a Notice of Motion for Leave to Appeal the decision of the Divisional Court to the Court of Appeal.
On March 11, 2011, the Court of Appeal denied Dr. Sazant's motion for a stay of the revocation of his certificate of registration pending his motion for leave to appeal, and, if leave is granted, pending the appeal. Therefore, the revocation of Dr. Sazant's certificate of registration remains in effect.
On June 3, 2011, the Court of Appeal granted Dr. Sazant's Motion for Leave to Appeal the decision of the Divisional Court. On June 9, 2011, Dr. Sazant filed a Notice of Appeal to the Court of Appeal based on the Court of Appeal's endorsement dated June 3, 2011, granting leave to appeal. The revocation of Dr. Sazant's certificate of registration remains in effect.
On October 30, 2012, the Court of Appeal dismissed Dr. Sazant's appeal.
On December 27, 2012, Dr. Sazant applied for leave to appeal to the Supreme Court of Canada from the judgment of the Court of Appeal made October 30, 2012.
On April 25, 2013, the Supreme Court of Canada dismissed with costs Dr. Sazant's application for leave to appeal the Ontario Court of Appeal decision.
Decision: Download Full Decision (PDF)
Appeal: Appeal Dismissed
Appeal Decision Date: 2011-01-17
Hearing Date(s): Apr 23, 2007