On December 12, 2011 the Inquiries, Complaints and Reports Committee referred Mr. Zak Bayat (Bayfield) to the Discipline Committee for a hearing. The hearing took place on: June 10, 2013, June 11, 2013, July 19, 2013 and November 1, 2013.
Summary of the Allegations:
That Mr Bayat had:
- abused a patient
- engaged in conduct or performed an act relevant to the practice of the profession that having regard to all circumstances would reasonably be regarded by members as disgraceful, dishonorable or unprofessional
- engaged in conduct unbecoming a physiotherapist
- failed to maintain the standards of practice of the profession
- performed a professional service for which consent is required by law without such consent
- failed to keep records in accordance with the standards of practice of the profession
- falsified a record and signed or issued a document containing a false or misleading statement
Findings:
On June 11, 2013 the panel found that Mr Bayat had committed acts of professional misconduct in that he:
- engaged in conduct or performed an act relevant to the practice of the profession that having regard to all circumstances would reasonably be regarded by members as disgraceful, dishonorable or unprofessional
- engaged in conduct unbecoming a physiotherapist
- failed to maintain the standards of practice of the profession
- performed a professional service for which consent is required by law without such consent
- failed to keep records in accordance with the standards of practice of the profession
- falsified a record and signed or issued a document containing a false or misleading statement
Penalty
At the conclusion of the hearing the panel ordered that the Registrar revoke Mr. Bayat’s certificate of registration. The penalty is stayed (on hold) as Mr. Bayat is seeking judicial review of the decision as it relates to the revocation. In addition the panel ordered that Mr. Bayat pay costs to the College in the amount of $25,000.
Divisional Court Appearance: September 23, 2015
Decision Available on CanLII—www.canlii.org
Second Penalty Hearing Scheduled for: May 4 and 5, 2016
Penalty hearing held on: May 4, 2016
Penalty Order
The panel directed the Registrar to revoke Mr Bayat’s certificate of registration and ordered him to pay costs to the College in the amount of $25,000.