On April 16, 2019, the Discipline Committee found that Dr. Gill has committed an act of professional misconduct in that: he has failed to maintain the standard of practice of the profession; and 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. The Committee also found that Dr. Gill is incompetent. The Committee released its reasons on February 25, 2020.
The Committee found that Dr. Gill failed to maintain the standard of practice in that his records were unreliable as a reflection of the nature and details of patient encounters and patients’ overall health status, and they were wholly inadequate to the provision of good quality patient care. Moreover, Dr. Gill’s care of patients with common, sometimes serious acute and chronic conditions was poor. He also failed to meet the standard of practice in that he did not adequately assess, monitor, and document those conditions, did not respond to important information in patient records from other sources, and exposed his patients to the risk of significant harm and injury.
The Committee found that Dr. Gill engaged in conduct or an act or omission that would reasonably be regarded by members as disgraceful, dishonourable or unprofessional tin that Dr. Gill submitted thousands of claims to OHIP for rapid strep tests that he did not perform. As well, of any rapid strep tests he may have conducted, many or all were without justification.
The Committee found that Dr. Gill is incompetent in that his professional care of patients displayed a lack of knowledge, skill or judgment of a nature or to an extent that demonstrates that he is unfit to continue to practise or that his practice should be restricted.
On December 14, 2020, the Committee heard submissions from both parties on penalty and costs.
On April 13, 2021, the Discipline Committee released its penalty and costs decision, in which it directed and ordered:
- Dr. Gill to attend before the panel to be reprimanded
- the Registrar to revoke Dr. Gill’s certificate of registration effective immediately
- Dr. Gill to pay costs to the College in the amount of $124,440 within 30 days of the date of the Order.
Appeal
On May 12, 2021, the College received Dr. Gill’s notice of appeal to the Superior Court of Justice (Divisional Court) from the decisions of the Discipline Committee with respect to procedural rulings, finding, penalty and costs.
On August 14, 2021 the College received a revised notice of appeal adding new grounds of appeal concerning the April 2019 hearing and the refusal of Dr. Gill’s request to re-open the hearing and adduce new evidence.
On January 5, 2022, the Divisional Court released its decision dismissing Dr. Gill’s appeal.
On February 23, 2022 Dr. Gill filed a Notice of Motion with the Court of Appeal for Ontario for leave to appeal the Divisional Court’s decision dated January 5, 2022.
On August 26, 2022, the Court of Appeal for Ontario released its endorsement dismissing Dr. Gill's motion for leave to appeal from the Divisional Court’s decision of January 5, 2022.