Concerns
Source:
Compliance and Monitoring Department
Active Date: September 30, 2015
Expiry Date:
Summary:
UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(“Undertaking”)
of
DR. ELEANOR WILMA SUTHERLAND
(“Dr. Sutherland”)
to
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
(the “College”)
A. PREAMBLE
(1) I, Dr. Sutherland, certificate of registration number 19800, am a member of the College.
The College has received information regarding my standard of practice.
(2) I, Dr. Sutherland, acknowledge that I was the subject of an investigation (the
“Investigation”) by the College regarding whether I have maintained the standard of
practice of the profession.
(3) I, Dr. Sutherland, acknowledge that there has been no decision by the College regarding
the merits of the Investigation and no referral to the Discipline Committee of the College
in respect of the Investigation.
B. UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT
(4) I, Dr. Sutherland, hereby resign from the College effective September 30, 2015 (the
“Effective Date”).
(5) I, Dr. Sutherland, hereby undertake not to apply or re-apply for registration as a
physician to practise medicine in Ontario or any other jurisdiction after the Effective
Date.
(6) I, Dr. Sutherland, agree that in the event that the College should become aware that I am
in breach of this Undertaking including, but not limited to, becoming aware that I have
either applied, re-applied or attempted to apply or re-apply for registration as a physician
or for a certificate of registration, or equivalent, to practise medicine in any jurisdiction
after the Effective Date, the College shall, in its sole discretion, have the right to proceed
with a disciplinary proceeding on the basis of a breach of this Undertaking and shall have
the right to proceed with the Investigation it terminated as a result of this Undertaking
and/or to proceed with a referral of specified allegations to the Discipline Committee.
(7) I, Dr. Sutherland, hereby agree to bear the risk of any prejudice that the passage of time
might cause to my ability to make full answer and defence, and waive the right to seek
any remedy on the basis of the passage of time, should the College proceed with any
allegations that may arise as a result of a breach of this Undertaking and/or pursuant to
paragraph (6) above.
(8) I, Dr. Sutherland, undertake to the College to abide by the terms of the College’s Policy
on Practice Management Considerations for Physicians Who Cease to Practise, Take an
Extended Leave of Absence or Close Their Practice Due to Relocation, a copy of which
is attached hereto as Appendix “A”.
(9) I, Dr. Sutherland, undertake to the College that upon signing this Undertaking, I shall
forward a request to the General Manager of the Ontario Health Insurance Plan (“OHIP”)
that my billing number be deactivated for services rendered after the Effective Date.
(10) I, Dr. Sutherland, acknowledge that I shall be solely responsible for payment of all fees,
costs, charges, expenses, etc., if any, arising from the implementation of any of the terms
of this Undertaking.
(11) I, Dr. Sutherland, acknowledge and confirm that I have read and understand the terms
and conditions provided in this Undertaking and that I have obtained independent legal
counsel in reviewing and executing this Undertaking, or have waived my right to do so.
(12) I, Dr. Sutherland, give my irrevocable consent to the College to make appropriate
enquiries of OHIP and/or any person or institution who may have relevant information, in
order for the College to monitor my compliance with the terms of this Undertaking.
(13) I, Dr. Sutherland, consent to this Undertaking being entered on the public register as
information that is available to the public.