The College alleged that Dr. Jha committed an act professional misconduct under subsection 51(1)(a) of the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991 (the “Code”), in that he has been found guilty of an offence that is relevant to his suitability to practise.
On May 26 and June 1, 2020, a hearing proceeded before the Discipline Committee, which reserved its decision.
On August 27, 2020, the Discipline Committee found that Dr. Jha committed an act of professional misconduct in that he has been found guilty of an offence relevant to his suitability to practise. On December 17, 2015, Dr. Jha had pleaded guilty to one count of assault and one count of mischief under $5,000 contrary to sections 266 and 430(4) of the Criminal Code. The charges arose in a domestic context, involving Dr. Jha’s then fiancée. On July 15, 2016, Dr. Jha was granted an absolute discharge pursuant to section 730(1) of the Criminal Code in respect of the criminal charges. In its decision released on September 2, 2020, the Committee found that Dr. Jha had been found guilty of an offence that is relevant to his suitability to practice, and that the offence was relevant to Dr. Jha’s suitability to practice notwithstanding the discharge.
The Committee held a penalty hearing on January 7, 2021, via videoconference. In its decision released on April 16, 2021, the Committee ordered and directed with respect to penalty and costs:
- Dr. Jha shall appear before the Committee to be reprimanded and the fact of the reprimand shall be recorded on the Register;
- The Registrar to suspend Dr. Jha‘s certificate of registration for a period of three months, to commence 60 days from the date of this order.
- Dr. Jha pay to the College costs in the amount of $51,850 within 60 days of the date of this order.
Appeal:
On May 11, 2021, Dr. Jha appealed to the Superior Court of Justice (Divisional Court) from the decisions of the Discipline Committee on a motion to quash, dated February 24, 2020, on the finding decision dated September 2, 2020 and on the penalty decision dated April 16, 2021. Pursuant to ss. 25(1) of the Statutory Powers Procedure Act, the decision of the Discipline Committee was stayed pending the outcome of the appeal.
On May 4, 2022, the Divisional Court released its decision dismissing Dr. Jha’s appeal from the decisions of the Discipline Committee. The Committee’s penalty order as set out in its April 16, 2021 decision is therefore in effect.
Terms and conditions imposed on certificate by: Registration Committee
