THE FOLLOWING INFORMATION WAS OBTAINED FROM THE PHYSICIAN REGISTER SECTION OF THE WEBSITE OF THE COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO (WWW.CPSO.ON.CA) AS OF THE DATE AND TIME NOTED BELOW
13/06/25 02:28:47 AM

General Information

Former Name: No Former Name
Medical School: McMaster University, 1981
Gender: Man
Languages Spoken: ENGLISH

Practice Information

Primary Business Location: Address not Available
Business Email: No Information Available
Phone: No Information Available
Fax: No Information Available

Specialties

SPECIALTY ISSUED ON CERTIFYING BODY
Pediatrics
Effective: 21 Nov 1985
Royal College of Physicians and Surgeons of Canada
SPECIALTY: Pediatrics
ISSUED ON: Effective: Nov 21 1985
CERTIFYING BODY: Royal College of Physicians and Surgeons of Canada

Medical Records Location

Instructions/Address: Patients looking to obtain copies of their medical records may submit requests by fax to 905 522 9339 or by email to [email protected]
Date Received: 02 Dec 2015

Hospital Privileges

No information available

General Information

Former Name: No Former Name
Gender: Man
Languages Spoken: ENGLISH
Medical School: McMaster University, 1981

Practice Information

Primary Business Location: Address not Available
Business Email: No Information Available
Phone: No Information Available
Fax: No Information Available

Specialties

SPECIALTY ISSUED ON CERTIFYING BODY
Pediatrics
Effective: 21 Nov 1985
Royal College of Physicians and Surgeons of Canada
SPECIALTY: Pediatrics
ISSUED ON: Effective: Nov 21 1985
CERTIFYING BODY: Royal College of Physicians and Surgeons of Canada

Medical Records Location

Instructions/Address: Patients looking to obtain copies of their medical records may submit requests by fax to 905 522 9339 or by email to [email protected]
Date Received: 02 Dec 2015

Hospital Privileges

No information available

Practice Conditions

This physician is inactive (Expired, Resigned, Suspended, Revoked, or Deceased) and is not permitted to practise medicine.
This physician is inactive (Expired, Resigned, Suspended, Revoked, or Deceased) and is not permitted to practise medicine.

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (2)

Date of Decision: 29 Jun 2017
Summary of Decision:
On June 29, 2017, the Discipline Committee found that Dr. Marshall committed an act of professional misconduct in that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

Dr. Daniel Robert Marshall (“Dr. Marshall”) is a paediatrician who received his certificate of registration authorizing independent practice in 1983. At all material times, Dr. Marshall conducted a general paediatric clinical practice in Hamilton, Ontario, focusing primarily on treating children with behavioural, attention and mood problems, particularly involving attention deficit disorder.

Criminal Charges and Sentencing

On September 17, 2012, Dr. Marshall was charged with 32 counts of touching for a sexual purpose and sexual assault and 1 count of breach of recognizance:

- 29 counts of touching for a sexual purpose and sexual assault based on allegations related to genital exams conducted by Dr. Marshall on 20 former patients (patients B to U), who were all young boys treated by him prior to, or during puberty.
- 3 counts involved 2 complainants who alleged that Dr. Marshall had touched them improperly on occasions outside of his office.
- 1 count of breach of recognizance based on Dr. Marshall’s alleged contact with one of the complainants after the imposition of a bail condition that he was not to have any such contact.

After a trial on the charges in the Ontario Superior Court of Justice in Hamilton Ontario (the “2013 Criminal Trial”), Mr. Justice Reid found Dr. Marshall guilty of sexual assault in respect of one of the complainants who alleged that Dr. Marshall had touched him improperly on occasions outside of his office.

Dr. Marshall was acquitted on the balance of the charges, including with respect to his genital examinations of the 20 patients. Justice Reid found that the Crown had not proved that Dr. Marshall’s touching of the genitals of the 20 patients (patients B to U) was of a sexual nature or for a sexual purpose and acquitted Dr. Marshall of the charges in respect of these patients.

On July 3, 2013, Dr. Marshall was sentenced to eight months imprisonment, less six days pre-trial custody.

On July 6, 2015, the Ontario Court of Appeal dismissed Dr. Marshall’s appeal of his conviction. His application for leave to appeal to the Supreme Court of Canada was denied on January 28, 2016.

Revocation of Certificate of Registration

On March 28, 2016, the Discipline Committee found that Dr. Marshall engaged in conduct that was disgraceful, dishonourable or unprofessional and that he had been found guilty of an offence relevant to his suitability to practise and ordered revocation of Dr. Marshall’s Certificate of Registration. Dr. Marshall’s Certificate of Registration was revoked on September 16, 2016.

Disgraceful, dishonourable or unprofessional conduct - Patients B to U

On June 29, 2017, the Discipline Committee held a hearing in respect to the allegations of Dr. Marshall’s 20 former patients (patients B to U) arising from the evidence of these patients in the 2013 Criminal Trial.

Patients B to U were all seen by Dr. Marshall for behavioural or mood disorders as adolescents or pre-adolescents between 1987 and 2010. Each of Patients B to U gave evidence at the 2013 Criminal Trial about genital examinations conducted by Dr. Marshall. In addition, three experts testified at the 2013 Criminal Trial regarding the genital examinations conducted by Dr. Marshall. At the 2013 Criminal Trial, evidence from both the Crown and Defence experts established that:

- In respect of some of the complainants, Dr. Marshall failed to provide a clear explanation in advance to either the patients and/or their parents as to the purpose of the genital examinations. The experts agreed that a clear and detailed explanation of the purpose and procedure of a genital examination is required prior to conducting such an examination.
- In respect of some of the complainants, Dr. Marshall conducted genital examinations of patients in their street clothes. The experts agreed that patients should be gowned for genital examinations, particularly those patients seen after 1999 when the Canadian Pediatric Society released its position statement on “Ethical approach to genital examination of children”.
- Most of the complainants testified that Dr. Marshall did not wear gloves when conducting genital examinations. The experts agreed that, for genital examinations conducted prior to 1999, while it was not necessarily standard of practice to wear gloves, it would have been preferable for Dr. Marshall to wear gloves. For genital examinations conducted after 1999, it was the standard of practice to wear gloves.

On June 29, 2017, upon reviewing an undertaking signed by Dr. Marshall that he would not apply for registration in Ontario or any other jurisdiction, the Committee ordered and directed that:

- Dr. Marshall appear before the panel to be reprimanded.
- Dr. Marshall pay costs to the College for a one day hearing in the amount of $5,500.00 within 30 days of the date of this Order.
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): June 29, 2017
Date of Decision: 28 Mar 2016
Summary of Decision:
On March 28, 2016, the Discipline Committee of the College of Physicians and Surgeons found that Dr. Daniel Robert Marshall committed an act of professional misconduct in that he engaged in 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; and in that he has been found guilty of an offence that is relevant to his suitability to practise.

Dr. Marshall, a paediatrician practicing since 1983, primarily treated children with behavioural, attention and mood problems, particularly involving attention deficit disorder.

Dr. Marshall volunteered at a local high school where he stood on the sidelines of sports games in his medical capacity and helped coach one of the sports teams. He was part of a religious group which had a presence in the school. Dr. Marshall was a camp counsellor at that religious group’s summer camp.

Dr. Marshall often hosted groups of male high school students at his home to watch football, review games videos and discuss the Bible.

CHARGES UNDER THE CRIMINAL CODE

On September 17, 2012, Dr. Marshall was charged with 32 counts of touching for a sexual purpose contrary to s. 151(a) and sexual assault contrary to s. 246.1(1) of the Criminal Code of Canada, and one count of breach of recognizance contrary to s. 145(3).

Allegations from 20 of Dr. Marshall’s former patients related to genital exams before or during puberty and comprised 29 of the counts of sexual assault and touching for a sexual purpose.

The remaining three counts involved two complainants, including Complainant A, who alleged that Dr. Marshall had touched them improperly on occasions outside of his office.

On April 29, 2013, Mr. Justice Reid of the Ontario Superior Court of Justice found Dr. Marshall guilty of sexual assault in respect of Complainant A. Dr. Marshall was acquitted on the rest of the charges (R. v. Marshall, 2013 ONSC 2603).

COMPLAINANT A

Complainant A is a member of the Canadian Armed Forces whose service has earned him a medal.

Complainant A was in grade 9 when he first met Dr. Marshall. Complainant A was a vulnerable person.

Dr. Marshall befriended Complainant A because he was present on the sidelines of a team sport as a medical doctor and Complainant A was on the team.

Through Dr. Marshall, Complainant A became involved in Dr. Marshall’s religious group. When he was about 15 and 16, Complainant A twice attended that group’s summer camp with Dr. Marshall as a counsellor.

Throughout high school, Complainant A and his friends went over to Dr. Marshall’s house in high school to watch football on TV or for Bible discussion many times. Other than occasional boarders, Dr. Marshall lived alone. He would take the boys out for dinner and pay for them. He bought new shoes and groceries for Complainant A.

SEXUAL ASSAULT OF COMPLAINANT A

Dr. Marshall sexually assaulted Complainant A. Complainant A testified at the criminal trial regarding the four incidents of sexual assault by Dr. Marshall:

1. While at summer camp operated by the religious group when he was 15 or 16, Complainant A descended on a zip line. Two friends were waiting at the bottom to slow him down. Dr. Marshall was also there and grabbed Complainant A’s genitals with one open hand. Nothing was said but Complainant A considered the touching very inappropriate.
2. When Complainant A was about 16 years of age, he was at Dr. Marshall’s house with a group of guys. He was standing in the doorway between the living room and the kitchen: Dr. Marshall came up from behind, put his hand around Complainant A’s waist under his pants and underwear and grabbed his genitals for a couple of seconds. Complainant A pushed Dr. Marshall away.
3. When Complainant A was living in a rooming house, he asked Dr. Marshall to examine him because he had a sore back. Dr. Marshall told him to take his shirt off and bend over. Once Complainant A bent over, Dr. Marshall stood behind and put his hands on Complainant A’s back, feeling both sides of the spine. Dr. Marshall’s hands went to the sides of Complainant A’s hips and Dr. Marshall rubbed his erect penis against Complainant A’s bum.
4. Complainant A was alone with Dr. Marshall at Dr. Marshall’s home sitting on the couch and having a serious discussion about God and about how Complainant A’s family had abandoned him. Dr. Marshall got up off the couch, stood in front of Complainant A and then moved towards him as if he was coming in for a hug, but instead lay on top of Complainant A. One of Dr. Marshall’s hands was on Complainant A’s wrist and the other one was working down to his waist. Complainant A was frightened and tried to wriggle out and bolt for the door. Dr. Marshall said words to the effect: “I’m just hugging; I’m not trying to [ ] you yet.”

Reid J. convicted Dr. Marshall of sexual assault based on the incidents described in paragraphs 2, 3, and 4 above. Reid J. did not rely on the incident at the summer camp because it occurred outside of the Court’s jurisdiction.

SENTENCE AND APPEALS

On July 3, 2013, Dr. Marshall was sentenced to eight months imprisonment, less six days pre-trial custody.

Dr. Marshall appealed his conviction and sentence to the Court of Appeal for Ontario. On July 9, 2015, the Court dismissed Dr. Marshall’s appeal.

Dr. Marshall applied for leave to appeal the Court of Appeal for Ontario’s decision to the Supreme Court of Canada. On January 28, 2016, the Supreme Court of Canada dismissed Dr. Marshall’s application for leave.

PENALTY

On September 16, 2016, the Committee ordered and directed that:

- the Registrar revoke Dr. Marshall’s certificate of registration effective immediately;
- Dr. Marshall appear before the panel to be reprimanded; and
- Dr. Marshall pay to the College costs in the amount of $10,000 within 30 days of the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): March 28, 2016

Other Notifications (2)

Source: Member
Effective Date: 07 May 2017
Summary:
Summary of the Undertaking given by Dr. Daniel Robert Marshall to the CPSO:

In a Notice of Hearing issued in 2014, Dr. Marshall was referred to the Discipline Committee in respect of certain allegations. On March 28, 2016, the Discipline Committee found that Dr. Marshall engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct and that he had been found guilty of an offence relevant to his suitability to practice. On the basis of these findings, Dr. Marshall’s Certificate of Registration was revoked by Order of the Discipline Committee on September 16, 2016.

In a Notice of Hearing issued in 2015, Dr. Marshall was the subject of an additional referral to the Discipline Committee on allegations that he engaged in sexual impropriety with patients, engaged in the sexual abuse of patients, engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct and failed to maintain the standard of practice of the profession. The allegations related to 22 patients regarding conduct that took place between 1987 and 2010.

Dr. Marshall entered a plea of no contest to the allegation that he engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct in respect of his genital examinations of some of the patients. Dr. Marshall also signed an undertaking never to apply or reapply for registration as a physician in Ontario or any other jurisdiction. On the basis of Dr. Marshall’s plea of no contest and undertaking, the College withdrew the balance of the allegations set out in the Notice o

Source: Member
Effective Date: 07 Dec 2015
Summary:
FINDINGS OF GUILT
Daniel Robert Marshall was found guilty of the following offences:

1. Sexual assault between 1990 and 1991, contrary to Section 271 of the Criminal Code of Canada.
2. Sexual exploitation of a young person towards whom he is in a position of trust or authority, between 1990 and 1991, contrary to Section 153(1)(a) of the Criminal Code of Canada.

DATE: April 14, 2016
SENTENCE: Fine of $5000; SOIRA (Sex Offender Information Registration Act) order for life.

Current Tribunal Proceedings

No information available

Past Tribunal Proceedings (2)

Date of Decision: 29 Jun 2017
Summary of Decision:
On June 29, 2017, the Discipline Committee found that Dr. Marshall committed an act of professional misconduct in that he has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

Dr. Daniel Robert Marshall (“Dr. Marshall”) is a paediatrician who received his certificate of registration authorizing independent practice in 1983. At all material times, Dr. Marshall conducted a general paediatric clinical practice in Hamilton, Ontario, focusing primarily on treating children with behavioural, attention and mood problems, particularly involving attention deficit disorder.

Criminal Charges and Sentencing

On September 17, 2012, Dr. Marshall was charged with 32 counts of touching for a sexual purpose and sexual assault and 1 count of breach of recognizance:

- 29 counts of touching for a sexual purpose and sexual assault based on allegations related to genital exams conducted by Dr. Marshall on 20 former patients (patients B to U), who were all young boys treated by him prior to, or during puberty.
- 3 counts involved 2 complainants who alleged that Dr. Marshall had touched them improperly on occasions outside of his office.
- 1 count of breach of recognizance based on Dr. Marshall’s alleged contact with one of the complainants after the imposition of a bail condition that he was not to have any such contact.

After a trial on the charges in the Ontario Superior Court of Justice in Hamilton Ontario (the “2013 Criminal Trial”), Mr. Justice Reid found Dr. Marshall guilty of sexual assault in respect of one of the complainants who alleged that Dr. Marshall had touched him improperly on occasions outside of his office.

Dr. Marshall was acquitted on the balance of the charges, including with respect to his genital examinations of the 20 patients. Justice Reid found that the Crown had not proved that Dr. Marshall’s touching of the genitals of the 20 patients (patients B to U) was of a sexual nature or for a sexual purpose and acquitted Dr. Marshall of the charges in respect of these patients.

On July 3, 2013, Dr. Marshall was sentenced to eight months imprisonment, less six days pre-trial custody.

On July 6, 2015, the Ontario Court of Appeal dismissed Dr. Marshall’s appeal of his conviction. His application for leave to appeal to the Supreme Court of Canada was denied on January 28, 2016.

Revocation of Certificate of Registration

On March 28, 2016, the Discipline Committee found that Dr. Marshall engaged in conduct that was disgraceful, dishonourable or unprofessional and that he had been found guilty of an offence relevant to his suitability to practise and ordered revocation of Dr. Marshall’s Certificate of Registration. Dr. Marshall’s Certificate of Registration was revoked on September 16, 2016.

Disgraceful, dishonourable or unprofessional conduct - Patients B to U

On June 29, 2017, the Discipline Committee held a hearing in respect to the allegations of Dr. Marshall’s 20 former patients (patients B to U) arising from the evidence of these patients in the 2013 Criminal Trial.

Patients B to U were all seen by Dr. Marshall for behavioural or mood disorders as adolescents or pre-adolescents between 1987 and 2010. Each of Patients B to U gave evidence at the 2013 Criminal Trial about genital examinations conducted by Dr. Marshall. In addition, three experts testified at the 2013 Criminal Trial regarding the genital examinations conducted by Dr. Marshall. At the 2013 Criminal Trial, evidence from both the Crown and Defence experts established that:

- In respect of some of the complainants, Dr. Marshall failed to provide a clear explanation in advance to either the patients and/or their parents as to the purpose of the genital examinations. The experts agreed that a clear and detailed explanation of the purpose and procedure of a genital examination is required prior to conducting such an examination.
- In respect of some of the complainants, Dr. Marshall conducted genital examinations of patients in their street clothes. The experts agreed that patients should be gowned for genital examinations, particularly those patients seen after 1999 when the Canadian Pediatric Society released its position statement on “Ethical approach to genital examination of children”.
- Most of the complainants testified that Dr. Marshall did not wear gloves when conducting genital examinations. The experts agreed that, for genital examinations conducted prior to 1999, while it was not necessarily standard of practice to wear gloves, it would have been preferable for Dr. Marshall to wear gloves. For genital examinations conducted after 1999, it was the standard of practice to wear gloves.

On June 29, 2017, upon reviewing an undertaking signed by Dr. Marshall that he would not apply for registration in Ontario or any other jurisdiction, the Committee ordered and directed that:

- Dr. Marshall appear before the panel to be reprimanded.
- Dr. Marshall pay costs to the College for a one day hearing in the amount of $5,500.00 within 30 days of the date of this Order.
Reasons for Decision: Download Full Decision (PDF)
Hearing Date(s): June 29, 2017
Date of Decision: 28 Mar 2016
Summary of Decision:
On March 28, 2016, the Discipline Committee of the College of Physicians and Surgeons found that Dr. Daniel Robert Marshall committed an act of professional misconduct in that he engaged in 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; and in that he has been found guilty of an offence that is relevant to his suitability to practise.

Dr. Marshall, a paediatrician practicing since 1983, primarily treated children with behavioural, attention and mood problems, particularly involving attention deficit disorder.

Dr. Marshall volunteered at a local high school where he stood on the sidelines of sports games in his medical capacity and helped coach one of the sports teams. He was part of a religious group which had a presence in the school. Dr. Marshall was a camp counsellor at that religious group’s summer camp.

Dr. Marshall often hosted groups of male high school students at his home to watch football, review games videos and discuss the Bible.

CHARGES UNDER THE CRIMINAL CODE

On September 17, 2012, Dr. Marshall was charged with 32 counts of touching for a sexual purpose contrary to s. 151(a) and sexual assault contrary to s. 246.1(1) of the Criminal Code of Canada, and one count of breach of recognizance contrary to s. 145(3).

Allegations from 20 of Dr. Marshall’s former patients related to genital exams before or during puberty and comprised 29 of the counts of sexual assault and touching for a sexual purpose.

The remaining three counts involved two complainants, including Complainant A, who alleged that Dr. Marshall had touched them improperly on occasions outside of his office.

On April 29, 2013, Mr. Justice Reid of the Ontario Superior Court of Justice found Dr. Marshall guilty of sexual assault in respect of Complainant A. Dr. Marshall was acquitted on the rest of the charges (R. v. Marshall, 2013 ONSC 2603).

COMPLAINANT A

Complainant A is a member of the Canadian Armed Forces whose service has earned him a medal.

Complainant A was in grade 9 when he first met Dr. Marshall. Complainant A was a vulnerable person.

Dr. Marshall befriended Complainant A because he was present on the sidelines of a team sport as a medical doctor and Complainant A was on the team.

Through Dr. Marshall, Complainant A became involved in Dr. Marshall’s religious group. When he was about 15 and 16, Complainant A twice attended that group’s summer camp with Dr. Marshall as a counsellor.

Throughout high school, Complainant A and his friends went over to Dr. Marshall’s house in high school to watch football on TV or for Bible discussion many times. Other than occasional boarders, Dr. Marshall lived alone. He would take the boys out for dinner and pay for them. He bought new shoes and groceries for Complainant A.

SEXUAL ASSAULT OF COMPLAINANT A

Dr. Marshall sexually assaulted Complainant A. Complainant A testified at the criminal trial regarding the four incidents of sexual assault by Dr. Marshall:

1. While at summer camp operated by the religious group when he was 15 or 16, Complainant A descended on a zip line. Two friends were waiting at the bottom to slow him down. Dr. Marshall was also there and grabbed Complainant A’s genitals with one open hand. Nothing was said but Complainant A considered the touching very inappropriate.
2. When Complainant A was about 16 years of age, he was at Dr. Marshall’s house with a group of guys. He was standing in the doorway between the living room and the kitchen: Dr. Marshall came up from behind, put his hand around Complainant A’s waist under his pants and underwear and grabbed his genitals for a couple of seconds. Complainant A pushed Dr. Marshall away.
3. When Complainant A was living in a rooming house, he asked Dr. Marshall to examine him because he had a sore back. Dr. Marshall told him to take his shirt off and bend over. Once Complainant A bent over, Dr. Marshall stood behind and put his hands on Complainant A’s back, feeling both sides of the spine. Dr. Marshall’s hands went to the sides of Complainant A’s hips and Dr. Marshall rubbed his erect penis against Complainant A’s bum.
4. Complainant A was alone with Dr. Marshall at Dr. Marshall’s home sitting on the couch and having a serious discussion about God and about how Complainant A’s family had abandoned him. Dr. Marshall got up off the couch, stood in front of Complainant A and then moved towards him as if he was coming in for a hug, but instead lay on top of Complainant A. One of Dr. Marshall’s hands was on Complainant A’s wrist and the other one was working down to his waist. Complainant A was frightened and tried to wriggle out and bolt for the door. Dr. Marshall said words to the effect: “I’m just hugging; I’m not trying to [ ] you yet.”

Reid J. convicted Dr. Marshall of sexual assault based on the incidents described in paragraphs 2, 3, and 4 above. Reid J. did not rely on the incident at the summer camp because it occurred outside of the Court’s jurisdiction.

SENTENCE AND APPEALS

On July 3, 2013, Dr. Marshall was sentenced to eight months imprisonment, less six days pre-trial custody.

Dr. Marshall appealed his conviction and sentence to the Court of Appeal for Ontario. On July 9, 2015, the Court dismissed Dr. Marshall’s appeal.

Dr. Marshall applied for leave to appeal the Court of Appeal for Ontario’s decision to the Supreme Court of Canada. On January 28, 2016, the Supreme Court of Canada dismissed Dr. Marshall’s application for leave.

PENALTY

On September 16, 2016, the Committee ordered and directed that:

- the Registrar revoke Dr. Marshall’s certificate of registration effective immediately;
- Dr. Marshall appear before the panel to be reprimanded; and
- Dr. Marshall pay to the College costs in the amount of $10,000 within 30 days of the date of this Order.
 
Reasons for Decision: Download Full Decision (PDF)
Appeal: No Appeal
Hearing Date(s): March 28, 2016

Other Notifications (2)

Source: Member
Effective Date: 07 May 2017
Summary:
Summary of the Undertaking given by Dr. Daniel Robert Marshall to the CPSO:

In a Notice of Hearing issued in 2014, Dr. Marshall was referred to the Discipline Committee in respect of certain allegations. On March 28, 2016, the Discipline Committee found that Dr. Marshall engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct and that he had been found guilty of an offence relevant to his suitability to practice. On the basis of these findings, Dr. Marshall’s Certificate of Registration was revoked by Order of the Discipline Committee on September 16, 2016.

In a Notice of Hearing issued in 2015, Dr. Marshall was the subject of an additional referral to the Discipline Committee on allegations that he engaged in sexual impropriety with patients, engaged in the sexual abuse of patients, engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct and failed to maintain the standard of practice of the profession. The allegations related to 22 patients regarding conduct that took place between 1987 and 2010.

Dr. Marshall entered a plea of no contest to the allegation that he engaged in conduct or an act or omission relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional conduct in respect of his genital examinations of some of the patients. Dr. Marshall also signed an undertaking never to apply or reapply for registration as a physician in Ontario or any other jurisdiction. On the basis of Dr. Marshall’s plea of no contest and undertaking, the College withdrew the balance of the allegations set out in the Notice o

Source: Member
Effective Date: 07 Dec 2015
Summary:
FINDINGS OF GUILT
Daniel Robert Marshall was found guilty of the following offences:

1. Sexual assault between 1990 and 1991, contrary to Section 271 of the Criminal Code of Canada.
2. Sexual exploitation of a young person towards whom he is in a position of trust or authority, between 1990 and 1991, contrary to Section 153(1)(a) of the Criminal Code of Canada.

DATE: April 14, 2016
SENTENCE: Fine of $5000; SOIRA (Sex Offender Information Registration Act) order for life.

Training

Medical School: McMaster University, 1981

Registration History

DETAILS DATE
Revoked: Discipline Committee. Effective: 16 Sep 2016
Terms and conditions amended by Member. Effective: 13 Aug 2015
Terms and conditions amended by Member. Effective: 07 May 2015
Terms and conditions amended by Member. Effective: 10 Mar 2015
Terms and conditions amended by Member. Effective: 23 Sep 2014
Terms and conditions amended by Member. Effective: 06 Apr 2014
Transfer of class of registration to: Restricted Certificate Effective: 29 Nov 2010
Arrow_iconTerms and conditions imposed on certificate by: Member Effective: 29 Nov 2010
First certificate of registration issued: Independent Practice Certificate Effective: 30 Jun 1983
DETAILS: Revoked: Discipline Committee.
Date: Effective: 16 Sep 2016
DETAILS: Terms and conditions amended by Member.
Date: Effective: 13 Aug 2015
DETAILS: Terms and conditions amended by Member.
Date: Effective: 07 May 2015
DETAILS: Terms and conditions amended by Member.
Date: Effective: 10 Mar 2015
DETAILS: Terms and conditions amended by Member.
Date: Effective: 23 Sep 2014
DETAILS: Terms and conditions amended by Member.
Date: Effective: 06 Apr 2014
DETAILS: Transfer of class of registration to: Restricted Certificate
Date: Effective: 29 Nov 2010
DETAILS: Terms and conditions imposed on certificate by: Member
Date: Effective: 29 Nov 2010
DETAILS: First certificate of registration issued: Independent Practice Certificate
Date: Effective: 30 Jun 1983