Professional Discipline & Employment Law Matters

LAWYER UP provides Legal Advice, Representation, and Defence for All Employees and Professionals in every industry for any issue in which we can provide legal advice, representation, defence or advocacy.

YOU ARE OUR TOP PRIORITY

When it comes to regulatory defences,our top priority is to defend you from unfair allegations and protect your licence, reputation and your livelihood at all times.

We are proud of our zealous approach to advocacy and litigation. We provide an unparalleled combination of skills and experience in a wide range of practice areas and a willingness to be tenacious in representing you as your Employment and Professional Licence Reputation are very valuable assets that need to be protected and fought for.

THE NON-MEDICAL PROFESSIONALS WE ACT FOR INCLUDE:

• Architects
• Engineers
• Chartered Accountants
• Lawyers
• Dentists
• Teachers
• Engineers

(Note: if you are not on this list do not worry – call us to discuss)

HEALTH PROFESSIONALS WE ACT FOR:

• Acupuncturists
• Medical Lab Technologists
• Audiologists
• Midwives
• Chiropodists
• Naturopathic Doctors
• Acupuncturists
• Nurses
• Audiologists
• Occupational Therapists
• Opticians
• Chiropractors
• Chiropodists
• Optometrists
• Dental Hygienists
• Pharmacists
• Dental Surgeons
• Physicians & Surgeons
• Dieticians
• Physiotherapists
• Registered Massage Therapists
• Psychologists
• Therapists
• Psychotherapists
• Psychiatrists
• Respiratory Therapists

FOR ALL PROFESSIONALS WE HANDLE:

• PROFESSIONAL LICENCING & DISCIPLINE
  • Licencing and Accreditation Issues
  • Requests for Accommodations
  • Investigations and Complaints – Resolutions
  • Appeals of IRC Committees (Inquiries, Complaints and Reports Committee) Eg. requirement that you take a program, receive a caution, etc.  We would appeal any unreasonable decision as    this would otherwise be publicly available on the College website.
  • Discipline Committee Hearings (we would represent you from beginning to end with a defence strategy that preserves your reputation and licence)
  • Appeals of Discipline Hearing Decisions Eg. we would appeal  any Suspensions, Fines, Loss of Licence that were unreasonable

• MEDICAL PROFESSIONS
  • In addition to all the above we prepare your case and appear at the Health Professions Appeal and Review Board (HPARB)
  • Matters involving Licensing and Discipline
  • Billings Issues with (Drug Benefits, OHIP, Ontario Drug Plan & Insurance Companies)
  • Sexual touching and related complaints from patients/staff

• INSURANCE FRAUD & TAX EVASION
  • Most medical professions are involved in billing to various government or private insurance plans. Individuals are also submitting bills to their insurers.  Government and Insurance companies conduct audits and you can get swept up in serious problems even when you have relied upon support staff and others to submit your billings.
  • You are ultimately responsible for your office. If problems are nipped in the bud, we can usually arrange to resolve these before they proceed to Criminal Charges and professional investigations and discipline.
• WE DO:
  • Billings Fraud (Drug Benefits Fraud, OHIP, Ontario Drug Plan, Private Insurers, and Automobile Insurers -No Fault Benefits Insurance)
  • Employee Benefits Fraud
  • Fraudulent Insurance Claims
  • Human Resources and External Investigations

• APPEALS & JUDICIAL REVIEW
  • From Decisions of Professional Bodies. If you have received a discipline result that seems excessive, it probably is, so  do not despair. We can appeal this and if necessary have a Court review the decision. Once an appeal is launched we can engage in negotiations with your College for a fair result. The case law is full of examples of reductions across every Profession.

• RE-LICENCING
  • We help you get your valuable licence reinstated if it was previously suspended or revoked. Call us for a consult.

• DEFENCE OF RELATED CRIMINAL CHARGES
  • Billing and related civil frauds can escalate quickly and be turned into Criminal Charges. If you are in this situation contact Lawyer UP immediately.

• RELATED CIVIL MATTERS
  • Actions at work can quickly spin off into Civil Actions against Employers or Employees. Normally employees are exempt from being sued in the workplace for normal behaviour such as sloppiness, and negligence, but dishonesty, defamation, and harassment, and criminal behaviour are some examples where employees can be liable and where Employers may have to seek remedies beyond dismissal.

FOR ALL EMPLOYEES AND EMPLOYERS WE HANDLE:

• Employee Discipline Claims
• Employee Benefits Fraud Investigations
• Fraudulent Insurance Claims
• Human Resources Investigations & Discipline
• Workplace Harassment, Discrimination & Bullying (improper  physical contact or violence;  verbal or written threats ; intimidation; comments that discriminate based on grounds of race, religion, age or sex.)

• Sexual Harassment in the workplace
• Allegations of Theft, Fraud in the Workplace
• Breach of Trust
• Theft, Alteration, or Destruction of Computer Records
• Theft of Employer’s Confidential Client information and Data
• Preparation of Comprehensive Employment Agreements, Confidentiality and NDA’s (Non Disclosure Agreements)
• Human Rights Violations

WHY ARE PROFESSIONAL DISCIPLINE CLAIMS BECOMING MORE COMMON?

Professionals have many obligations:

• They are required to achieve a level of education, training, or skill and to demonstrate the required standard of competency, knowledge, or education a this at all times;
• They are required to keep their skills and competency up to date;
• They must adhere to ever expanding codes of conduct and ethical standards;
• They must also adhere to standards for practice in their fields;
• Professionals are subject to much higher standards because of the special privilege they are granted in holding their licence;
• Some clients or patients today have high expectations, more so than in the past;
• Clients and Patients are constantly accessing reviews of professionals, engaging in internet research,  self-diagnosing, obtaining multiple opinions, and second-guessing their professionals’ judgement.  There is increased scrutiny of all professionals because of this;
• There is also the publishing on most Professional Registries of discipline decisions which can fan the fires even further as a Professional may be judged by a patient or client based on one negative review or a negative finding by their Regulatory Body even though their case is not related;
• Clients and Patients often expect perfection or miracles from their Professionals
• Regulators and the Courts have been expanding the duties and responsibilities on Professionals and that comes with expanded liability.

Why You Need A Professional Discipline Lawyer

Any attack on your reputation can impact you professionally and financially. If you are facing claims of professional disciplinary action before a licencing board, you need skillful representation and zealous advocacy to restore your good name.You do not want to have your name published on your Regulator’s Portal with a finding of breaching any of your Responsibilities as this will tarnish your reputation.

LAWYER UP can provide you with the legal representation you need in any matters with your Professional organization, whether at the initial accreditation stage or for complaints,disciplinary actions, appeals or lawsuits. You can expect:

• LEADING DEFENCE EXPERTS – We can call leading experts in your defence;
• PREVENTATIVE AND ADVISORY COUNSELLING – we will provide this to help prevent disputes from arising again;
• BUFFER: We will act as a Buffer between you and your regulatory body;
• EARLY RESOLUTION: When contacted at the first sign of trouble, we will often help resolve disputes in a manner that is minimally disruptive to your business and life.
• OBJECTIVE PERSPECTIVE: We provide an objective perspective to your situation. Sometimes you are too closely involved, may become defensive or emotional when allegations are made against you. We give you a balanced point of view.

EMPLOYEE BENEFIT FRAUD INVESTIGATIONS

Most employees today have some form of benefit plans providing benefits such as massage therapy, physiotherapy, orthopaedics, dental care, and eyeglasses.

Insurance companies constantly conduct audits and look for false claims and are investigating more claims than ever and reporting these to the Human Resources Departments of the employee’s company. They are investigating insured employees directly for benefits fraud.

We see an increasing number of these. If you think you could be a potential target, contact LAWYER UP immediately so we can be proactive to deal with this  BEFORE you are contacted.

ARE YOU BEING INVESTIGATED AT WORK?  EMPLOYMENT INSURANCE BENEFIT ABUSE? YOU MAY FACE CRIMINAL FRAUD CHARGES !

If your situation is more advanced, and you are being investigated, or are concerned that you might be in the future, you should contact a Defence lawyer at LAWYER UP to speak about this immediately before this matter spirals into a bigger problem and possibly Criminal Fraud Charges.

Employee Benefits Abuse can lead to CRIMINAL FRAUD charges being laid if the situation is not managed properly and speedily.

Anyone charged with Benefits Fraud from an employer will face higher sentences as the Courts  consider these situations to be Breach of Trust Crimes as the offender has abused the trust of an employer.

THE TYPICAL BENEFITS FRAUD SCENARIO

For whatever reason, an employee will submit receipts for treatment to their employer’s benefits insurance provider:

1. receipts for treatments or services that are not legitimate to their company (with the consent and knowledge of the service provider)
2. receipts for treatments or services that are not legitimate to their company (without the consent or knowledge of the service provider)
3. Duplicate receipts for payment to another company they are insured for and not tell the employer’s company which would be a violation of the policy terms
4. Receipts that are completely fictitious

Either you are paid for all of the receipts submitted or not. At some point, you may be contacted by a health care provider advising that your insurer has been making enquiries about billed services that they have no record of in their files.

You may also be contacted directly by the insurance company asking for you to contact them. They may ask you for further documentation for these claims such as receipts, and dates of visits.

Later, you may find yourself being called in to attend a meeting with Human Resources with an outside Investigator present.  You may find that they wish to interview you on the spot and even record the meeting. At the end of the meeting they will likely ask you to make certain admissions and ask you to sign  what amounts to a confession or pretty well close to one.

It can be a very intimidating and emotional experience.

With LAWYER UP, you’ll never have to go through that experience. You will never be alone or left to deal with any investigators or H.R. on your own. We will provide a complete strategy for handling any situation and represent you.

If you have been contacted by the Insurance Company making enquiries or by your HR department about this, do not say anything at all as you will prejudice your case. You will likely make matters worse. Contact LAWYER UP immediately. We will handle this for you and give you the advice you need to provide to your HR department or any Insurance Investigator, either through yourself or through our office.

WHAT IF I WAS NEVER REIMBURSED FOR THE RECEIPTS?

In the eyes of the insurer, and the employer, and more importantly in the eyes of the law, it doesn’t matter that you didn’t receive payment for the receipts. What matters is that you attempted to defraud the employer’s benefits plan.

Simply submitting the receipts knowing that they were not legitimate is sufficient.

You could still face Termination For Cause and Criminal Charges for Fraud.

It is important that even though you haven’t received payments from your insurer, if you are in this situation that you contact a defence lawyer at LAWYER UP so that we can give you advice in advance so you will know what to do if you are contacted and to know what steps you can take and we can take on your behalf to clear the matter up.

ARE THERE DEFENCES TO ABUSING BENEFITS?

Yes. We have dealt with these kinds of matters many times with a 100% success rate. We cannot get into our successful strategies on a webpage. As a client you will have the privilege of learning in greater detail how we are successful in these types of cases and how we can apply those same skills in your case. Remember, each case depends on the specific facts.

WHAT IF I HAVE ABUSED MY EMPLOYEE BENEFITS?

There is a lot at stake and a lot to lose. If you are found by the Insurance Company to have abused your employee benefits, in addition to you losing your job, you could also be charged with Fraud. These are some of the consequences you could face:

• REMOVAL FROM BENEFITS COVERAGE: You may be removed from coverage by the company while they continue to investigate your claim;

• INSURANCE INFO SHARED WITH H.R. The information obtained by the insurance company will be shared with the Employer’s H.R. department if dishonesty or suspicion of same is found

• R. INVESTIGATION: Your Employer may then commence investigation into your behaviour

• DISMISSAL FROM EMPLOYMENT FOR CAUSE: You could be dismissed for cause. Depending on your contract, you may not receive any severance or other benefits.

• NEGATIVE EMPLOYMENT REFERENCE: You would not have a good reference for your work for the years at the company.

• LOSS OF BENEFITS: You would lose certain benefits upon dismissal
• LOSS OF SEVERANCE PAY: If proven, your dismissal could be found to be justified which would impact your entitlement to Severance Pay

• LOSS OF GOOD JOB REFERENCE- You would not be able to use your current employer as a reference. This would leave you trying to explain a potentially large gap in employment. All the good work and progress there would be recognized.

• CIVIL ACTION – You could be sued by the Insurance Company and your employer to recover any improper benefits you received plus legal costs.

• CRIMINAL CHARGES & CONVICTION: Either your employer or your Insurer could forward the results of their investigation to the police, who may lay charges either: Fraud Under $5,000 or Fraud Over $5,000. Your outcome would depend on many factors including whether you have any existing record. A record will impact your future career prospects.

• INCARCERATION: If convicted you would have a Criminal Record, Fines, Restitution Order, and Probation for generally a year if not longer with many terms;

• PROBATION: It would be standard upon conviction to receive Probation with terms to keep the peace and be of good behaviour, appear before the court when required to do so by the court; and notify the court or the probation officer in advance of any change of name or address, and promptly notify the court or the probation officer of any change of employment or occupationand other typical terms such as report weekly to a probation officer

• RISK OF BREACH OF PROBATION – if you are charged with another Criminal offence or BREACHING your PROBATION TERMS, you will likely face another Criminal Offence of Breach of Probation.

• FUTURE EMPLOYMENT CONSEQUENCES – many employers require that you be bondable, have good driving records, and be of good character. Having a criminal record would make it difficult to work in many industries. You may have ongoing security or criminal checks in your current employment that may result in loss of your employment . Even for Driving records, you could be dropped from your employment if you are convicted of a substantial charge as it would increase their fleet insurance.

• DAMAGE TO YOUR CREDIT – If your work is interrupted, you will fall behind on your bills, your mortgage and vehicle payments.

• IMMIGRATION CONSEQUENCES – a conviction could seriously jeopardise your ability to remain in Canada if you are not a citizen and removal / deportation proceedings would likely be commenced

• TRAVEL RESTRICTIONS- Having a Criminal Conviction will  create difficulty for future travel abroad alone or with your family, especially the United States and the U.K.

• EXPENSE OF APPLYING FOR A PARDON – you will have to incur the expense of applying for a Pardon many years down the road

• PROFESSIONAL DISCIPLINE: If you belong to a Professional Association, you could face Professional Discipline leading to your suspension or even a loss of your licenced

• THE END OF YOUR CAREER: Depending on the period of time the activity has occurred over, and the amounts involved, and your Profession, if you are charged and convicted, the result could spell the end of your Career.

• INABILITY TO SUPPORT YOURSELF / YOUR FAMILY- if you are in jail or lose your driving licence or under house arrest you may not be able to work.

• DAMAGE TO YOUR CREDIT – If your work is interrupted, you will fall behind on your bills, your mortgage and vehicle payments.

• YOUR BUSINESS MAY SUFFER – If you have a Business going to jail or being on restrictive probation conditions can seriously jeopardise your business

• EDUCATIONAL RESTRICTIONS – many Colleges and Universities do not admit persons with certain Criminal Records

• EXPENSE OF APPLYING FOR A PARDON – you will have to incur the expense of applying for a Pardon many years down the road

• RESTITUTION – You could be ordered to pay Restitution

OBSTACLES IN PROFESSIONAL COLLEGE ACCREDITATION

Whatever your professional pursuit, getting registered in a profession is like navigating an obstacle course, even after completing all of your required education and training. You can typically encounter many issues where your governing body or Professional College:

• Making False or Misleading Statements – this is the most serious
• You have failed to meet all requirements for registration within the required time (usually 1 year) from the date of filing your application for Accreditation
• Has Issues with acceptance of foreign credentials or training;
• Fails to accept training or education due to the fact it was taken many years ago
• Has concerns with your English Language Proficiency
• Alleges that you have failed to comply with required timelines to apply for registration after completion of education
• Alleges that you have failed to pass all required exams after exhausting all the allowable “do-over” exams;
• Has concerns with you meeting the “good character requirement”
• Has concerns based on your past and/or present conduct that may suggest that you will not practice with decency, honesty and integrity, and in accordance with the law
• Has concerns that you will not practice in a professional manner or with a proper professional attitude
• Has concerns with prior criminal history or problems you may have encountered in another regulated profession
• Has Issues with the quality of your internship or training
• Concerns with whether you will be able to fulfil the registration requirements and obligations of the profession
• Intends to impose terms and conditions on your licence

THE THREE MAJOR PROBLEMS YOU WILL ENCOUNTER TYPICALLY ARE:

1)   Prolonged Delay in your Registration;

2)   Issuance of your Licence subject to Conditions;

3)   Refusal of your Registration and Licence;

By Contacting a lawyer at LAWYER UP, no matter what the scenario you are facing, we can always find a solution. We don’t take failure as an option.  We will help you get the registration process moving along and get you on your chosen career path.

We will carefully review all of the requirements for registration against your credentials, and obtain all the information that the College has in their possession.    It may simply mean that you did not provide enough information or that you need to clarify or bolster your application with additional materials.

We will oversee the resubmission of new materials to support your case for registration, explain any issues that are in contention, and, where required, if this is not successful, exercise your right to have a formal Appeal of the Decision.

For appeals, some Colleges allow either a written appeal or an Oral Hearing.  We always request an Oral Hearing as it allows us two opportunities to advocate for your case:

(i) our written materials submitted on your behalf, and

(ii) our oral advocacy calling witnesses where needed

This is your career, not something to be taken lightly, and you need to give it your best shot.

Occasionally, once all materials are filed, we may be able to reach a consent resolution to avoid a full hearing.

POSSIBLE OUTCOMES

After making submissions on your behalf the Registration Committee has significant powers including the power to direct the College as follows:

• To issue a Certificate of Registration without conditions;
• To issue a Certificate of Registration subject to conditions;
• Note: Typical conditions might be to take specified courses, training at specified institutions by a specified time frame or to retake certain examinations within a certain time frame
• To refuse to grant a Certificate of Registration

HOW WE CAN HELP

• FOR ENGLISH LANGUAGE PROFICIENCY CONCERNS In order to demonstrate that you have the required level of both written and oral English for your Profession, especially where you were trained outside of Canada, we would have you take the (IELTS EXAM) – International English Language Testing System examination. Once completed this would demonstrate your proficiency in English, failing which, we would have you enrol in intensive English language classes to bring your level up to requirements.

• FALSE & MISLEADING STATEMENTS

This is the most serious allegation and will lead to refusal of your application.  Not all false or misleading statements are made intentionally or with the intention to mislead.  We will seek to show where there was no intention to mislead.

• CHARACTER AND INTEGRITY CONCERNS

Where many applicants have had past issues with business failures, bankruptcy, problems in other professions, even criminal records, we seek to establish that there has been a rehabilitation of the Applicant and that they should not be judged by their past but who they are today.  We do not believe that any past mistakes should define you or anyone and we advocate this position strongly on your behalf.

• CONDITIONS IMPOSED

Where conditions are imposed such as taking additional training or education we will look at this very carefully and advise you as to what would be your best path forward. The significance of terms imposed are that they cause a significant delay in you commencing in your profession. So we will seek to minimize any conditions or speed up this process for you.

APPEALS – WHEN YOUR COLLEGE DENIES YOUR APPLICATION FOR REGISTRATION

When an unfavourable decision is made for your registration for accreditation, you must bear in mind the following:

• A negative decision means that you failed to meet the onus of demonstrating that you qualify for registration, by meeting all the specified requirements
• Not all matters in dispute are “Black and White”
• IN the areas where matters in dispute are in the “Grey Zone”, the Registration Committee has exercised its discretion not to grant your Registration.
• You have an absolute right to appeal ANY decision of the Registration Committee
• You must comply generally with the timelines set out for Appeals or you will need leave (permission) to Appeal beyond those timelines.

PROFESSIONAL COMPLAINTS OR CHARGES?

If you are facing complaints from a patient or client in your profession this may soon escalate into problems with:

• Investigation by your regulatory body;
• Disciplinary hearing;
• Professional Malpractice IInsurance claim against you; and
• Civil claims against you

Anytime you have an unhappy patient or client who may complain or is complaining about your professional services, it is important to LAWYER UP immediately to obtain legal advice.  Timely advice could help you prevent this problem from growing into one of the above problems. Always seek legal advice from an experienced LAWYER UP lawyer.

We will review all the background and facts of the situation and give you an objective, impartial assessment of the situation.  We will lay out to you all of your Professional obligations and give you a strategy for best dealing with the matter.

Often this can involve simply good communication with the unhappy party to resolve a simple matter.  If the matter has past this juncture, we can ensure that your response to your Regulator is fairly presented with your protection foremost in mind.

We will engage your Professional Malpractice Insurer when required to ensure that you are not in breach of your policy conditions and that, in the worst scenario, you are fully insured for any mishaps. Most of the time a simple report of a potential issue will not result in any increase in your insurance.

Decisions of Inquiries, Complaints, and Reports Committee (Complaints Department)

When any complaint made to your Professional Regulator is resolved the result can be:

1. To screen the complaint and decide to take no action;
2. To request a response from you as to the formal complaint;
3. To initiate a discipline proceeding;

RESPONDING TO COMPLAINTS, REPORTS TO THE COLLEGE, OR COLLEGE CONCERNS

Any time a formal complaint is made against you, your Regulatory Body, or a Report, or the College otherwise develops concerns as to whether you are in breach of your obligations, the code of conduct, or are showing a general lack of competency or capacity in the profession,  an investigator will usually be appointed.

In the case of complaints, in particular, the (ICRC) Inquiries, Complaints and Reports Committee of your Regulatory Body will forward you a copy and ask for your reply, typically within 10 days or 2 weeks.  Once this happens the CLOCK IS TICKING.

Before responding, get Professional Legal Advice from a Professional Discipline Lawyer at LAWYER UP.

THIS IS WHAT YOU NEED TO KNOW:

1. YOU NEED LEGAL ADVICE AT THIS IMPORTANT STEP BEFORE YOU RESPOND.

2. You have a duty to Respond to Correspondence.

3. In the event an Investigator is appointed, you have a duty to cooperate.

4. Failure to respond to a complaint or cooperate with an investigator are grounds upon which you can be charged with Professional Misconduct and find yourself before a Discipline Committee for this, along with the original complaint. Therefore, do not bury your head in the sand.  These matters must be dealt with.  We can act as your buffer.

5. We will help you draft your written submissions to the College responding to the complaint, investigation, or report in such a manner that it will not harm you or be used against you in any future Discipline, Negligence, Civil or potential Criminal Action.

6. Should an Investigator be appointed by your Regulatory Body, we will advise you what to do and how to handle it. We will deal with them on your behalf or jointly with you.  Their job is to dig into the matter to determine if you breached any Professional Regulations the  Code of Conduct.

7. Your Response can be used against you if the matter should proceed to any discipline matter so it is very important to prepare your response with EXTREME CARE, and with a dispassionate, objective viewpoint from LAWYER UP.

8. A poorly drafted reply can lead to the matter escalating to the Discipline Department, and harm you in any potential Professional Negligence Claim or Civil Lawsuit.

9. Your Response is critical to determining how this matter will be resolved as the ICRC will review it to determine whether this matter can be resolved informally or if the allegations and response justify the matter being referred to the Discipline Committee for further action against you.

10. The ICRC can also refer your matter to incapacity proceedings. If you are having issues we will assist you in this area as well.

11. ICRC can order you to take educational or other programs or give you a caution. These can end up on the College’s website for Discipline Cases and be marked under your name in the membership listing.

12. We will ensure that you receive a copy of the Report into the Investigation AND we make EFFECTIVE SUBMISSIONS on your behalf to the ICRC of your Regulatory Body.

However you got into the situation with the complainant, we seek to get you out with the best possible resolution. Call LAWYER UP for a confidential consultation.

COMMON RESULTS OF DISCIPLINE HEARINGS:

Findings on a Discipline Hearing are wide ranging but some of the more common are:

1. Finding that the member has not breached any professional duties to the client;
2. Issue a Caution;
3. Order the member take certain Professional Responsibility Courses or other targeted education and training program(s) or situation specific training;
4. To be subject to a suspension of your licence for a specified period of time;
5. To be allowed to return after suspension after completion of other specified conditions such as completing certain programs, remedial programs, educational or otherwise, receiving counselling or treatment, and providing proof to the satisfaction of the Governing Body;
6. To pay fines, make restitution, or legal fees within a specified period of time and not to be allowed to return to practice until such amounts are fully paid; or
7. In the worst cases, to lose one’s licence.

DAMAGE TO PROFESSIONAL REPUTATION

Gone are the days that reprimands and discipline were “private affairs” or “public but only a dedicated researcher could find them”. These days most Colleges make public through their portals any record of discipline consequence. Often there is a link directly to the entire decision and anyone with basic internet skills can easily locate this information.This is certainly a blot on any Professionals reputation with both potential clients or patients but amongst their peers. This can cause not only negative financial impact but considerable shame.

A Professional may work tirelessly for many years or decades and have no postings of their fine efforts, but will find themselves being judged by a negative decision, from a single mistake.We view this seriously unfair to any professional and work Vigorously to Protect the Professional Reputation of all our clients.

HEALTH PROFESSIONS

All hearings for Health Professionals are held before the Health Professions Appeal and Review Board (HPARB).

Whether the matter is an issue involving the licencing or discipline of a member, HPARB acts as an administrative body to review the decision of ICRC.

HPARB will determine, in a Licencing Case, whether the applicable Governing Body (eg. College of Physicians and Surgeons) has applied the appropriate standards under the Licencing requirements.

In the case of a Discipline matter, HPARB will review the Discipline and other related Decisions of the Regulatory Bodies or Colleges.

HPARB will determine if the decision made is fair and reasonable based on the evidence and their rules and past precedents for professionals who have made similar breaches in similar circumstances.

HPARB offers 2 FORMATS:

BOARD REVIEW: (Written Review) – This Is a paper process that neither party (College or Applicant) attends and therefore are faster and less formal than Hearings. The College provides the Board with the order and the materials upon which the order was based. The Applicant submits their written comments to the Board with a copy to the College.   The Board Review is conducted by a panel of Board Members. Panels are usually three members.The panel will examine the application, the Committee’s order, and materials upon which it was based. It will consider the profession’s registration regulation and an Applicant’s submissions.The Board makes its decision based only on this information. No transcript or recording of the Review is kept.

NOTE: AT LAWYER UP WE DO NOT RECOMMEND THIS TYPE OF REVIEW. This is NOT the preferred format for you to proceed with unless the matter is pretty straightforward and based on advanced negotiation with the College we can confidently obtain a consent agreement upon filing for a Board Review.

BOARD HEARING: These are Court-Like Proceedings where the Applicant and the College are responsible for presenting their own cases, presenting their own evidence, and calling witnesses to testify under oath.

Applicants can and should have their own lawyer present as the College will have a well trained representative or a lawyer presenting their case. Also, transcripts are kept of the event.

The Board can ask questions to help gain insight into the issues and facts.

The Board can issue a decision to:

1. Confirm the Penalty decision of the ICRC;
2. Substitute a different result;
3. Require the ICRC to take specific steps;
4. Make suggestions or other recommendations;
5. If the matter is a Licencing matter, to Confirm the decision of the College;
6. Refer the matter back to the College for reconsideration;
7. Refer the matter back to the College with directions to issue a Licence if the proposed Licensee meets specified requirements;

The advantage of having a Board Hearing is that you can have a very full hearing including witnesses and statistically the results are about 33% better than when written results.  That is with the average law firm.

DUE TO OUR TOP NOTCH ADVOCACY, STRATEGIC PREPARATION AND ATTENTION TO DETAIL, AND RELIANCE ON EXPERTS AND PERSUASIVE EVIDENCE, WE PROCEED WITH THE AIM TO WIN IN EVERY CASE.

DISCIPLINE & CAPACITY HEARINGS

Both Discipline and Capacity Hearings are Trials. You need a Professional Discipline Counsel Lawyer to represent you.  Your licence, reputation and financial future is at stake.

DISCIPLINE HEARINGS are designed to hold professionals accountable for breach of their professional obligations, code of conduct violations or for failing to adhere to the expected standards imposed on them in the profession in their dealing with clients, other professionals, the public and their own regulator.

CAPACITY HEARINGS are authorised when the College has reasonable grounds to believe that a Professional is incapacitated.  This could be by mental health issues, issues that affect memory and cognitive functioning, accident, drug and alcohol addiction and many other causes.

If your matter ever gets to a Discipline or Hearing, the matter can go in several directions:

• We an seek to resolve the matter on your behalf on an Agreed Statement of Facts with a reduced penalty and consequences;
• We can seek to have you take appropriate steps to address concerns in order to have the Discipline Hearing avoided;
• We can Appear for you at a Contested Discipline Hearing to defend you;
• After a Discipline or Capacity Hearing we can appeal any unjust result.

If you have received a Notice of Discipline or Capacity Hearing contact LAWYER UP for a consultation.  We are a Professional Discipline Law Firm

WHO DO WE ACT FOR:

ANYONE EMPLOYED IN ONTARIO

• ANYONE WHO HAS A COMPANY WITH EMPLOYEES
• ANYONE WHO IS IN A REGULATED PROFESSION

For Doctors and Medical Professionals

We act for all medical and healthcare professions in a variety of matters. We HELP explain the risks they face and options. We HELP you understand your OPTIONS in clear understandable language. We work together with you to prepare a SUCCESSFUL DEFENCE STRATEGY to give you the best chance to reduce exposure to significant damage to your licence and reputation and finances. We will help you NAVIGATE this complex and regulation filled area that seems to be stacked against the Professionals. We are IN YOUR CORNER, You can TRUST US to handle:

• Billing fraud
• Advise, Represent and Defend in Disputes with Private Insurance Companies
• Advise, Represent, and Defend in OHIP Billing Disputes
• Licencing Accreditation Issues
• Appear before Registration or Accreditation Committees
• Responding to Patient Complaints and Investigations from your College
• Advise and Represent when Capacity Issues are alleged or arise
• Represent and Defend before Fitness to Practice Committees
• Advise regarding Quality Assurance Programs
• Deal with mandated Regulatory Meetings
• Responding to Investigations from Insurance Companies
• Responding to potential Insurance Fraud Investigations and Matters
• Dealing with the Police
• Dealing with problem clients – obtaining restraining orders
• Dealing with Employees or fellow professionals who cause damage to your business
• Defamation of your services on any public websites or reviews
• Acting as your Buffer between you and your College Investigator
• Acting for you in any Pre-Hearing Conferences and Discipline Hearings
• Acting for you on an Appeal of any Discipline Hearing decision at HPARB
• Prepare Appeal of any HPARB decisions by way of Judicial Review

WHAT SHOULD I DO WHEN  A CLIENT COMPLAINS?

1. Unless it is a simple matter that you believe you can easily resolve, do not have further contact with the client.
2. You have a duty generally to respond to your clients but you don’t have to get into all the details. Listen to what they say and make detailed notes and then email the notes to yourself in real time so there will be a good record.
3. It is ok to tell them you are sorry that they feel that way but you disagree with their assessment and advise them that there is nothing more you can say about it. Then call us immediately.
4. Don’t engage with them if they show up unexpectedly at your office. Preferably have someone else deal with them.  Make it clear you are not prepared to speak to them.  If they refuse to leave your office you can call the Police.
5. If they are persistently harassing you we can obtain a restraining order against them.
6. These days it is very common for an unhappy client or patient to be tape recording their professionals. It is a sad state of affairs but it is quite common.
7. If there are others in your office that can document your position, line them up before their memories fade and ask them to make a memo of what they can say to support your position.
8. If the client persists in calling you just remember that any statements you make will likely be used against you. You may innocently make inconsistent statements and this can harm your credibility.  Send a short text or email to the client that unfortunately you will be unable to discuss this matter any further with them and will not be taking any of their calls or answering any further emails.
9. If you give any statements, you end up pinning yourself down to a version of events that you are stuck with and that will hamper your defence.
10. You should preserve all evidence and ensure it does not get accidentally lost or destroyed.

Make sure to Call LAWYER UP to speak to a Professional Discipline Lawyer to discuss this matter. Your reputation is at stake. You could easily be suspended on the word of a client or patient against you depending on how a Discipline Committee rules even if you are completely innocent.

REASONS TO CHOOSE LAWYER UP TO DEFEND YOU

1. We know the Law: We understand the charges you are facing and have the skill to deal with the complex legal issues in them.

2. Legal System for You: We make sure the system works not just for the clients and patients and your Regulatory Body but for you !

3. We are Fast: We will be in your corner from the first call.

4. Unique Plan: We will develop with you a unique Defence Strategy and Plan for your case.

5. We Listen; You can reach us by phone/email anytime.

6. Progress Updates: Regular progress updates on the case.

7. You are Never Alone: We communicate with you. You’ll never be in the dark.

8. Peace of Mind: We go to Court for you so you don’t have to, except when absolutely required by the Court.

9. We Go Above and Beyond to Have your Back: We are in your Corner and dig deep, working hard and smart leaving no stone unturned to protect your rights using all legal means available.

10. Flexible Financial Plans: We’ll work out financial payments that you can manage.

11. We See the Big Picture: We are always thinking of the full picture of any impact on your Professional Reputation and your Licence. We are trying to save you from wasting time and money on bigger issues later.

12. One Stop Legal: We can deal with any spin off legal issues that arise out of any Employment of Professional Regulation matter.

14. Our Goal: We aim is to investigate the facts and to negotiate fair resolution for you with NO NEGATIVE STAIN ON YOUR EMPLOYMENT RECORD, NO CRIMINAL CHARGES, and NO PUBLIC RECORD ON YOUR PROFESSIONAL PORTAL.
15. Fair treatment and Vigorous Defence : We are relentless to obtain a resolution at the earliest opportunity for you. We do our best to ensure you receive fair treatment throughout and that any allegations are vigorously defended by tough negotiation, and solid defence.