Hina Arora (2016)

In December 2015, Ms. Hina Arora was referred to the Discipline Committee for allegations related to a failure to comply with the terms of a May 20, 2014 Order of the Discipline Committee which required Ms. Arora to “provide proof, acceptable to the Registrar, of successful completion of the ProBE (Professional/Problem-based Ethics) course, within twelve (12) months of the date of the Panel’s order”. The College alleged that while Ms. Arora had enrolled in and attended the ProBE course in May 2015, she did not successfully complete it and refused to re-take the ProBE course. The College further alleged that this conduct constituted misconduct.

Following a fully contested hearing on March 23 and 24, 2016, a panel of the Discipline Committee of the College of Occupational Therapists of Ontario found that Ms. Arora committed acts of professional misconduct by:

• contravening, by act or omission, a term, condition or limitation on the member’s certificate of registration;


• failing to comply with an order of a panel of the College;


• engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all circumstances, would reasonably be regarded by members as unprofessional; and,


• engaging in conduct that would reasonably be regarded by members as conduct unbecoming an occupational therapist.

The Discipline Committee panel was not satisfied, based on the evidence, that Ms. Arora’s refusal to re-take the ProBE course was an act of professional misconduct, as was alleged by the College.

The Discipline Committee panel ordered the following penalty:

1. That the certificate of registration of Ms. Arora be suspended for a period of four months, commencing when the order on penalty becomes final.
   
   
2. That it be a term, condition and limitation upon the certificate of registration of Ms. Arora that following the expiry of the suspension described above, that Ms. Arora does not practice occupational therapy until she satisfies a practice consultant, approved by the Registrar and engaged at the expense of Ms. Arora, that she fully understands the ethical and professional obligations incumbent on members of this College.
   
   
3. That it be a term, condition and limitation upon the certificate of registration of Ms. Arora that Ms. Arora does not supervise occupational therapy students, provisional practising certificate holders or temporary certificate holders for a period of two years from the date she becomes entitled to engage in the practice of occupational therapy in accordance with the Order.

The Discipline Committee panel determined that Ms. Arora should pay to the College $26,000 in costs. 

This matter was appealed by Ms. Arora to the Ontario Superior Court of Justice (Divisional Court). On March 6, 2017, The Honourable K.E. Swinton, on behalf of a panel of three judges of Divisional Court, delivered Oral Reasons for Judgment dismissing Ms. Arora’s appeal. The College was awarded costs in the amount of $3,500, all in.