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Dr. Rathe v. The College of Physicians and Surgeons of Ontario

Dr. Rathe v. The College of Physicians and Surgeons of Ontario

2013 ONSC 821 (CanLII); Lerners represented the appellant physician in this appeal of a disciplinary decision of the College of Physician and Surgeons of Ontario. The issues involved allegations of sexual abuse and conduct unbecoming of the profession against the physician, as well as the question of whether the College should have severed the allegation of sexual abuse from the other issues for the purpose of obtaining a fair hearing. The majority of the Divisional Court dismissed the appeal on all three grounds. Lederer J, in dissent, would have allowed the appeal on the allegation of conduct unbecoming of the profession, based on the consideration that the impugned conduct was far removed from any of the physician’s medical or professional duties.