When an Ontario physician license reinstatement application is made after a revocation, it’s not about re-arguing the case. Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) accepts its earlier findings as fact. To succeed, the physician must show genuine insight, targeted remediation, and safeguards to prevent the same misconduct from happening again.
For dishonesty-based misconduct, like OHIP billing fraud, that’s where the catch-22 kicks in. Accepting the findings may help convince the Tribunal but those same admissions can be used in a criminal prosecution. Denying them may protect you legally, but it almost guarantees the Tribunal won’t reinstate you.
In Fagbemigun v. CPSO (2024 ONPSDT 30), the applicant took the second route. He framed his misconduct as oversight, not fraud, and proposed operational fixes. OPSDT found those irrelevant to the actual risk and denied reinstatement.
The lesson: in fraud or dishonesty cases, reinstatement is as much about managing criminal law risk as it is about meeting regulatory expectations. Success often depends on coordinated legal strategy and careful timing.
Read the Full Analysis
For a detailed breakdown of Fagbemigun v. College of Physicians and Surgeons of Ontario, 2024 ONPSDT 30 , including the Tribunal’s full reasoning and implications for professional discipline defence, read my complete commentary on CanLII Connects.
For more information on our regulatory defence practice and specifically, on defending Ontario physicians against CPSO complaints please click here.
This commentary is for informational purposes only and does not constitute legal advice.
Facing a professional discipline process? Don’t wait until it escalates. Contact Tamir Litigation Law Firm today at 416-499-1676 or visit tamirlitigation.com to learn how you can protect your licence and your reputation. You can also message us on WhatsApp for a free initial chat.