Toronto Star

Doctor formally reprimande­d

College hearing expresses ‘disappoint­ment’ MD sexually abused patients

- JACQUES GALLANT LEGAL AFFAIRS REPORTER

A Toronto doctor was formally reprimande­d Wednesday for sexually abusing four female patients, marking the end of one of the longest-running cases of sexual abuse ever handled by Ontario’s medical regulator.

Dr. Javad Peirovy stood in the middle of the hearing room at the College of Physicians and Surgeons of Ontario as discipline committee member Dr. Marc Gabel castigated him for his misconduct.

“Your patients expressed that they felt sexually violated, and we agreed, and found that you did violate their physical and emotional space by the way you examined them,” Gabel said.

“Your actions were totally unacceptab­le and we condemn them without reservatio­n. This was a gross failure on your part and we express our and the public’s disappoint­ment in your behaviour.”

“Disappoint­ment” is also the word that the college itself used in a rare public rebuke in 2016 for the four-member discipline panel chaired by Gabel, which had imposed a six-month suspension on Peirovy rather than revoke his licence.

In finding him guilty of sexual abuse, the discipline panel said that in 2009 and 2010, Peirovy placed his stethoscop­e on the nipples of two patients and cupped their breasts. Regarding two others, it concluded that he touched their nipples when “there was no clinical reason” to examine the women in that way.

Instead of siding with the college prosecutor at the time, who was pushing for Peirovy’s licence to be revoked, the panel imposed a suspension, finding there was evidence he could improve through counsellin­g.

That led to a lengthy legal battle, in which the college challenged its own discipline committee in court. The regulator was initially successful in Divisional Court, where a threejudge panel ordered a new penalty hearing for Peirovy and criticized the discipline committee for imposing what it called a “litany of clearly unfit penalties” in a number of sexual abuse cases.

“The facts of these cases are base. It is depressing to review them,” the court said. “They do little to encourage confidence in the committee’s approach to eradicatin­g sexual abuse in the profession.”

But Peirovy appealed to the Court of Appeal, which found in his favour last May in a 2-1 decision.

That meant the suspension, which Peirovy had already served, was upheld and the case against him was over, clearing the way for Wednesday’s reprimand to be delivered.

In 2017, after Peirovy had already been suspended, the provincial government passed Bill 87, which now makes revocation of a health care profession­al’s licence mandatory for groping.

Peirovy still has one outstandin­g case at the college. A different discipline panel found him guilty in February of profession­al misconduct for “using his medical office to initiate a social relationsh­ip with a young female patient by giving her his personal cellphone number at her medical appointmen­t with him.”

The college is pushing for a five-month suspension and another reprimand, among other things.

The penalty hearing for that case continues Tuesday.

 ?? RICK MADONIK TORONTO STAR FILE PHOTO ?? Dr. Javad Peirovy faces a penalty hearing for a different case starting on Tuesday after he was found guilty in February.
RICK MADONIK TORONTO STAR FILE PHOTO Dr. Javad Peirovy faces a penalty hearing for a different case starting on Tuesday after he was found guilty in February.

Newspapers in English

Newspapers from Canada