On October 9, 2003, the Discipline Committee found Dr. Dhaliwal to have committed acts of professional misconduct with respect to conduct relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional by using his position as a physician to encourage or pressure 7 patients to lend to him, directly or indirectly, various sums of money which he promised to repay with interest on certain terms, but which he failed, refused or neglected to repay as promised.
On October 10, 2003, the Discipline Committee reserved its decision on penalty.
On January 15, 2004, the Discipline Committee ordered the following:
1. Dr. Dhaliwal shall attend before the panel to be reprimanded, such reprimand be recorded on the register.
2. The Registrar suspend Dr. Dhaliwal s certificate of registration for ten (10) months. The first four (4) months of the suspension to begin on a date to be fixed by the Registrar. The second six (6) months of the suspension shall be eighteen months after completion of the four (4) month suspension. The second six-month suspension shall be suspended if he complies with the following terms and conditions.
(i) Dr. Dhaliwal makes restitution to Mr. A and Mrs. B in the amount of seventy five thousand dollars ($75,000.00).
(ii) Dr. Dhaliwal makes restitution to Mr. C in the amount of thirty three thousand dollars ($33,000.00).
###(iii)Dr. Dhaliwal provide proof to the satisfaction of the Registrar that full payment to these patients has been made prior to the start date of the six (6) month suspension.
(iv) Dr. Dhaliwal satisfactorily complete an Ethics course approved by the Registrar, at his expense, and provides proof that he has completed the course to the satisfaction of the Registrar by December 1, 2005.
3. It is the intention of the Committee that Dr. Dhaliwal serve the full ten (10) month period of suspension if for any reason he is unable to make restitution to the patients whether because of his bankruptcy or for any other reason.
4. The Committee further orders that Dr. Dhaliwal pay five thousand dollars ($5,000) towards the cost of these proceedings.
On February 10, 2004, Dr. Dhaliwal appealed the decision of the Discipline Committee to the Superior Court of Justice (Divisional Court). Pursuant to ss.25(1) of the Statutory Powers Procedure Act, the decision of the Discipline Committee is stayed pending the outcome of the appeal. On April 6, 2005, the Divisional Court dismissed Dr. Dhaliwal s appeal and awarded $2,500 in costs to the College. Therefore, the decision of the Discipline Committee is in effect.
