The Ontario Physicians and Surgeons Discipline Tribunal (the “Tribunal”) found Dr. Fagbemigun engaged in disgraceful, dishonourable or unprofessional conduct when he billed OHIP for services he did not provide and/or was ineligible to bill, and accepted fees for referrals to a cardiac care provider. The Tribunal also found Dr. Fagbemigun failed to maintain the standard of practice of the profession by ordering, conducting and/or billing unnecessary tests for multiple patients, for his own financial gain, and by keeping incomplete and inaccurate patient charts.

Following a penalty hearing, the panel reserved its decision on penalty. The panel’s reasons for decision were released on June 9, 2022. The Tribunal ordered that:

• The Registrar revoke Dr. Fagbemigun’s certificate of registration, effective immediately;
• Dr. Fagbemigun pay a fine of $35,000 to the Minister of Finance no later than July 11, 2022 and provide proof of this payment to the Registrar of the College within five days of making it;
• Dr. Fagbemigun pay costs to the College in the amount of $72,590 no later than September 9, 2022; and
• Dr. Fagbemigun attend before the Tribunal to be reprimanded.

On July 7, 2022, Dr. Fagbemigun appealed to the Superior Court of Justice (Divisional Court) from the decisions of the Tribunal with respect to finding and penalty. Pursuant to s. 25(1) of the Statutory Powers Procedure Act, the decision of the Tribunal was stayed pending the outcome of the appeal.

On May 1, 2023, the Divisional Court released its decision dismissing Dr. Fagbemigun’s appeal thereby lifting the stay of the Tribunal’s decision.

More detail can be found in the reasons for decision linked below. OPSDT reasons are also available at www.opsdt.ca and https://www.canlii.org/en/on/onpsdt/. The exhibits can be obtained by contacting the Tribunal Office at [email protected].