Arthur Blank
On February 24, 2006 the Ontario Superior Court of Justice ordered that Arthur Blank refrain from and cease and desist:
using the title “doctor” in the course of providing or offering to provide psychological services to the public in Ontario;
The Court ordered further that Blank refrain from and cease and desist:
- using, by any medium, the title “psychologist” or any abbreviation or variation thereof as an occupational designation in Ontario;
- holding himself out as a person who is qualified to practise in Ontario as a psychologist or in a specialty of psychology; and
- using, by any medium, the word “psychology” or any variation or abbreviation thereof in any title or designation or in any description of services offered or provided to the public of Ontario.
In making its Order, the Court declared that:
- Arthur Blank has breached the prohibition in s. 33(1) of the Regulated Health Professions Act,1991, S.O. 1991, c.18 as amended in that he is using the title “doctor” in the course of offeringpsychological services in Ontario but is not a member of any of the Colleges listed in s. 33(2);\
- Blank has breached s. 8(1) of the Psychology Act, 1991, S.O. 1991, c. 38 in that, without being a member of the College of Psychologists of Ontario (CPO), he has used the title “psychologist” or a variation or abbreviation thereof as an occupational designation;
- Blank has breached s. 8(2) of the Psychology Act in that, without being a member of the CPO, he has held himself out as a person who is qualified to practise in Ontario as a psychologist or in a specialty of psychology; and
- Blank has breached s. 8(3) of the Act in that, without being a member of the CPO, he has been using the word “psychology” in a title or designation or in a description of services offered or provided to the public of Ontario.
The Court’s Order was in response to an application from the College of Psychologists of Ontario which had asked the court to require Blank, who is not a member of the College, and therefore not authorized to practice psychology in Ontario, to cease and desist from representing to the public that he is a psychologist and from using the title “doctor” in the course of providing health care services to the public in Ontario.
Elena Faini AKA Alexis Daniels
On December 6, 2006 in the Ontario Court of Justice, Elena Faini, also known as Alexis Daniels, pleaded guilty to offences under the Provincial Offences Act and the Psychology Act, 1991 that she had held herself out to be a psychologist, contrary to s. 10 of the Psychology Act, 1991. Ms Faini paid a fine, was placed on probation and other terms were imposed. Neither Alexis Daniels nor Elana Faini is a member of the College of Psychologists of Ontario and neither is qualified to practise psychology in Ontario.
Stephen Hambly, Ph.D.
The following notice was published in the Hamilton Spectator on Saturday, November 29, 2008 and in the Burlington Post on December 3, 2008.
On November 21, 2008, the Ontario Superior Court of Justice issued Declarations that Stephen Hambly, who is not a member of the College of Psychologists and is not authorized to practice psychology in Ontario, had breached:
1. the prohibition in s. 33(1) of the Regulated Health Professions Act (“RHPA”) in that, not being a member of any of the entities listed in s. 33(2) of the RHPA, he has used the title “doctor”, or a variation or abbreviation thereof, in the course of providing or offering to provide, in Ontario, health care to individuals;
2. s. 8(1) of the Psychology Act, 1991, S.O. 1991, c. 38 (the “Act”) in that, without being a member of the College of Psychologists of Ontario (“CPO”), he has used the title “psychologist”, and/or a variation or abbreviation thereof;
3. s. 8(2) of the Act in that, without being a member of the CPO, he has held himself out as a person who is qualified to practice in Ontario as a psychologist or in a specialty of psychology;
4. ss. 8(2) and (3) of the Act in that, without being a member of the CPO, he has used the word “psychology” in a title or designation or in a description of services offered or provided in a context other than that described in s. 8(4) of the Act; and
5. ss. 27(1) and (2) of the RHPA in that he performed, without legal authority, a controlled act, specifically the act of communicating to an individual or his personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it was reasonably foreseeable that the individual or his personal representative would rely on the diagnosis;
The Court also Ordered that Stephen Hambly shall forthwith refrain from and cease and desist:
1. using the title “doctor”, or any variation or abbreviation thereof, or any equivalent in another language thereof, in the course of providing or offering to provide, in Ontario, health care to individuals;
2. using, by any medium whatsoever, the title “psychologist” or “psychological associate”, any variation or abbreviation thereof, or any equivalent in another language thereof;
3. holding himself out as a person who is qualified to practice in Ontario as a psychologist or psychological associate or in a specialty of psychology;
4. using, by any medium whatsoever, the word “psychology” or “psychological”, or any abbreviation thereof, or any equivalent thereof in another language, in any title or designation or in any description of services offered or provided, except in the course of his employment by a university; and
5. performing controlled acts under the RHPA, including communicating to an individual or his personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it was reasonably foreseeable that the individual or his personal representative would rely on the diagnosis, save and except as is authorized by s. 29(2) of the RHPA.
Alexander Polgar, Ph.D., RSW
In 2006, the College of Psychologists of Ontario made application to the Ontario Superior Court of Justice for Declaratory and Mandatory Orders with respect to Alexander Polgar, Ph. D., a Registered Social Worker (“Polgar”). Polgar is not a member of the College of Psychologists of Ontario. The Application related to allegations that he held himself out as a person who is qualified to practise in Ontario as a psychologist or in a specialty of psychology. The Application also related to allegations that he performed the controlled act of communication of a diagnosis in the circumstances described in the Regulated Health Professions Act, without being a member authorized by a health profession act to perform the controlled act. The College filed affidavit and expert evidence in support of its position. Polgar defended the Application and denied the College’s allegations. Polgar filed affidavit and expert evidence in support of his position. The Ontario College of Social Workers and Social Service Workers (“OCSWSSW”) was granted leave to intervene. The matter was settled by way of Minutes of Settlement between Polgar, the College of Psychologists of Ontario and the OCSWSSW. These minutes provide, among other things, that:
- So long as he remains a member of the OCSWSSW, Polgar will continue to comply with the OCSWSSW’s standards, regulations, and by-laws with respect to identifying his regulatory status, education, experience, scope of practice, and professional affiliation, including ensuring that the initials “RSW” appear after his name and degree on his professional letterhead and business cards, as prescribed by the OCSWSSW Standards of Practice.
Timothy Quek
The following was published in the Toronto Star on Saturday, January 16, 2010.
On Wednesday December 9, 2009 The Ontario Superior Court of Justice made an ORDER that Timothy Quek:
- Cease and desist using the title “Dr.” in connection with the provision of or offering to provide health care to individuals, contrary to s. 33(1) of the Regulated Health Professions Act.
- Shall not use the title “psychologist” or “psychological associate” or an abbreviation or an equivalent in another language.
- Shall not use the terms “psychology” or “psychological” or an abbreviation or an equivalent in another language in any title or designation or in any description of services offered or provided.
- Cease and desist performing the controlled act of communicating a diagnosis, contrary to s.27 of the Regulated Health Professions Act.
Timothy Quek is not a member of the College of Psychologists of Ontario and is not authorized to practice psychology in Ontario.
Mario Caligiure Varano
On January 19, 2007 the Ontario Superior Court of Justice issued a declaration that Mario Caligiure Varano violated s. 33 of the Regulated Health Professions Act in that he used the title “Dr.” in the course of providing or offering to provide health care to individuals in Ontario without being a member of the College of Psychologists of Ontario or any other college listed in the Act and ordered that he immediately refrain from and cease and desist from doing so. The Court also declared that Mario Caligiure Varano had performed the controlled act of communicating a diagnosis, contrary to s. 27 (2) of the Regulated Health Professions Act and ordered that he immediately refrain from and cease and desist from doing so. Mario Caligiure Varano is not a member of the College of Psychologists of Ontario and is not authorized to practise psychology in Ontario.