Acts reserved to physicians: the Court of appeal granted the application of Richard Ostiguy

The Court of appeal has accepted the application of Richard Ostiguy, who wished to appeal the judgement in which, last January, the College of physicians had obtained an injunction preventing him from engaging in acts reserved for physicians.

On 29 January, the superior Court had ordered the professional who works with Orthotists from the foot of Quebec, rue Soumande, show clearly that the employees and nurses of the company were “not doctors” and that it was forbidden to make a diagnosis.

In his appeal, Ostiguy alleged that this judgment caused him “injury irreparable in the exercise of his profession, as well as his reputation”, in particular because of one of the conclusions, which ordered him to show the decision to the entrance of his clinic.

According to him, and the Court of appeal seems to be in agreement with this position, this conclusion is not part of the possibilities provided for in the Code of professions.

In his decision, the judge Guy Gagnon recalls that Richard Ostiguy “has not yet been [declared] guilty for the alleged offences” and that, this being so, the decision on the result of the interlocutory injunction could very well “be seen as a condemnation implied, then, that the applicant always enjoys the presumption of innocence”.

“Then, if the applicant is acquitted, he will have been unfairly forced to publicize a judgment, likening it to a form of guilt, then he was not [guilty],” added the magistrate.

Recall that in 2018, the College of physicians had filed a lawsuit against the man who, despite an initial guilty verdict rendered in 2017, continued, according to their words, to “practice illegally the medicine” by asking the acts reserved to physicians.

These new allegations, however, have not yet been the subject of a trial, and Richard Ostiguy remains innocent until proven otherwise.

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