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On March 3, 2023 the Hearing Committee of the College rendered a decision respecting a procedural challenge brought by Dr. Manivasan Moodley respecting the hearing of three complaints filed against him.
The College’s Investigation Committee had previously referred matters arising from three separate patient complaints to a formal hearing. The Registrar issued a Notice of Hearing to have the three complaints heard in one hearing process. The specific allegations in the Notice of Hearing were formulated differently from the referral language used by the Investigation Committee.
Dr. Moodley brought a motion before the Hearing Committee alleging the Registrar did not have jurisdiction to refer three matters to be heard together, or to frame the allegations in different words from those used by the Investigation Committee in its referral decisions. In the alternative, he argued the three complaints should be severed (i.e., there should be three separate hearings before three separate Committees).
The Hearing Committee ruled the Registrar had the authority to refer the three complaints to be heard in one hearing, and also had the authority to formulate the allegations in the Notice of Hearing in language different from that specifically used in the Investigation Committee’s referral decisions. The Committee further ruled that the legal test for severance had not been met.
Read the decision of the Hearing Committee.
Dr. Moodley appealed this decision of the Hearing Committee to the Nova Scotia Court of Appeal.
In a decision rendered on October 12, 2023 the Court of Appeal confirmed the Registrar had the authority to issue the Notice of Hearing in the manner he did. The Court further confirmed the Hearing Committee had the authority to hear the three separately referred matters in one consolidated hearing.
Read the decision of the Court of Appeal.
The College will post notice of the hearing dates for the hearing of these matters when the dates are finalized.
The College of Physicians and Surgeons of Nova Scotia gives notice that a Hearing Committee has issued a decision dated August 4, 2023, accepting a Settlement Agreement under subsection 103(1) of the Medical Act.
In the Settlement Agreement, Dr. Michelle Ciach admitted she engaged in professional misconduct by creating a false record when she signed a death certificate and included a cause of death when, in fact, the patient had not died. She also admitted to professional misconduct for forging colleagues’ signatures on prescriptions for herself and a family member. Dr. Ciach agreed to a suspension of her medical licence for a period of six months (which she voluntarily began serving on July 1, 2023, in advance of the Hearing Committee’s decision) and a condition requiring successful completion of a course on Ethics. Dr. Ciach also agreed to contribute to the College’s costs of the investigation of the complaint.
Read the Hearing Committee’s decision.
The College of Physicians and Surgeons of Nova Scotia hereby gives notice that as a result of a complaint respecting patient care, Dr. Amy Wambolt has agreed to a consensual reprimand, and to make a contribution to the costs of the College’s investigation.
Read a summary of the Investigation Committee decision.
The College of Physicians and Surgeons of Nova Scotia hereby gives notice that as a result of a complaint respecting the writing of an unsolicited opinion letter, Dr. Franklyn Vincent has agreed to a consensual reprimand, and to make a contribution to the costs of the College’s investigation.
Read a summary of the Investigation Committee decision.
The College of Physicians and Surgeons of Nova Scotia hereby gives notice that a Hearing Committee has issued a decision dated August 8, 2022, accepting a Settlement Agreement under subsection 103(1) of the Medical Act.
In the Settlement Agreement, Dr. Ramirez-Morejon admitted to particulars of a pattern of conduct over a period of six months, which amounted to sexual harassment of a colleague in his workplace. In addition to agreeing to make a contribution to the College’s costs of the investigation of the complaint, Dr. Ramirez-Morejon agreed to a reprimand, a suspension of his Clinical Assistant Licence for a period of two months (which has already been served), and a condition requiring successful completion of a course on Ethics and Boundaries.
Read the Hearing Committee’s decision.
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