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№ 345 Case Study — Litigation

Keeping a Sarnia Dental Practice Open During a Friend's Complaint

A childhood friendship turned into the complaint that put a dentist's license under review, and the practice he had spent fifteen years building suddenly had a clock running against it.

Litigation9 min readSarnia, OntarioProfessional discipline
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ClientBo, a dentist who owns his practice in Sarnia
The issueA regulatory college review triggered by a complaint from a lifelong friend
ServiceNegotiated interim practice conditions to keep the clinic operating during the review
ResolutionThe practice stayed open through the full review and came out the other side intact

The situation

Bo found the envelope from his regulatory college sitting on top of the mail pile on a Tuesday morning, before the first patient of the day had even been seated. He almost did not open it there at reception. He is glad, later, that he did, because if he had waited until the end of the day to read it privately, he would have spent eight hours treating patients without knowing his license was under review. He read it twice standing up, then a third time sitting down, before he understood that the name attached to the complaint was someone he had known for thirty years.

The letter named a complaint filed by Bohdan. Bo had known Bohdan since they were nine years old, growing up two streets apart in Sarnia. Bohdan had become a patient of the practice not because he was assigned there but because he trusted Bo more than he trusted any stranger with a drill. That trust was exactly what made the complaint land so hard. A root canal on one of Bohdan's molars had gone sideways months earlier, requiring a second procedure and, eventually, referral to a specialist. Bo had believed the two of them worked through it as friends do, with an apology and a fee waived. He had not realized Bohdan was still angry enough to escalate it formally, and he spent the next several hours trying to reconstruct, from memory, every conversation the two of them had ever had about the treatment.

Bo's wife, Natalia, is a specialist physician who shares clinic space with the practice, and she was the one who told him, calmly, that a complaint to a college is not a conversation you can smooth over with an apology after the fact. It becomes a file. It has a process. And the process does not care that the two men had been groomsmen at each other's weddings. She had watched colleagues go through college reviews before and knew the shape of what was coming even before Bo did.

The practice was worth somewhere between eight hundred thousand and one and a half million dollars in goodwill, equipment, and an active patient roster built over a decade and a half. Almost none of that value exists if the person who built it cannot see patients. A dental practice's worth is tied almost entirely to the licensed dentist behind it; there is no inventory to sell off and no separate brand that keeps functioning without him. Bo did not need us to tell him the review could take the better part of a year. He needed to know whether he would still have a practice standing at the end of it, and whether the friendship that built half his patient roster through word of mouth was now the thing most likely to sink it.

The risk we had to size

The first thing we had to establish was what kind of review this actually was. A complaint is not automatically a suspension, and colleges have a spectrum of responses ranging from a dismissed file to an interim order that removes a professional from practice entirely while an investigation runs. Bo's fear, understandably, was the worst case: being told to stop treating patients immediately, with no income and a lease and staff payroll still due every month. Sitting with that fear unexamined would have cost him weeks of decision-making he could not afford to lose.

We reviewed the complaint alongside Bo's full clinical file for the treatment in question, because the college would be doing the same thing, and we needed to know what they would find before they told us. The record showed a difficult but not unusual complication, disclosed to the patient at the time, with a referral made promptly once it became clear the case needed a specialist's attention. That mattered. A clinician who recognizes a problem and refers out is in a materially different position than one who conceals or delays, and the timeline of dated chart entries backed that reading up without needing anyone's memory to fill a gap.

What made the file harder to read cleanly was the relationship. Bohdan's complaint included language about feeling that his friendship had been used to keep him from getting a second opinion sooner, that he trusted Bo specifically because they were close and felt that closeness had cost him. A college reviewing a complaint like that has to consider not just the clinical record but whether a professional relationship became blurred by a personal one, and whether that blurring affected the standard of care Bohdan received. That is a harder question to answer with a chart entry, because it is a question about judgment rather than technique.

We had to size two risks at once. The clinical risk was, on the record, defensible. The relationship risk was less about what actually happened and more about how it would read to a panel that did not know either man and had only the complaint and the file in front of it. A defensible clinical record does not fully answer a complaint framed around trust and closeness. We treated the two as separate problems requiring separate answers, because conflating them would have left the stronger argument diluted by the weaker one, and because a panel presented with a muddled response tends to resolve its uncertainty against the professional, not in his favour.

There was also a business-continuity risk sitting underneath both of the legal ones. Even a fully favourable outcome delivered a year later would be a hollow win if the practice had already shed half its patient base and most of its staff by the time it arrived. Sizing that risk meant treating speed, not just correctness, as part of the strategy from the first week.

What we did

  1. Mapped the review timeline against the practice's cash position so Bo understood, in concrete terms, how long the practice could operate on savings if an interim suspension came down, and how that number compared to the college's typical time to a first decision. This turned an abstract fear into a planning problem with numbers attached, which let Bo make decisions about staffing and cash reserves instead of just absorbing stress and waiting to see what happened.
  2. Assembled the full clinical record and a written chronology of the treatment, the complication, and the referral, cross-checked against appointment logs and billing so every date in our account matched an independent record rather than memory. Colleges weigh contemporaneous documentation heavily, and a chronology that matches the paper trail exactly carries more weight than a narrative built afterward from recollection alone.
  3. Separated the clinical defence from the relationship narrative in our written response, addressing the standard-of-care question on its own clinical terms first and only then addressing, directly, the concern that friendship had affected judgment. Keeping the two arguments distinct meant the panel could accept the clinical answer on its merits without having to also resolve an unresolvable dispute about two old friends' feelings toward each other.
  4. Proposed interim practice conditions before the college imposed its own, including a period of case review by an independent dentist for endodontic procedures and enhanced consent documentation for any patient who was also a personal contact of Bo's. Offering conditions proactively is often the difference between a college negotiating terms with a professional and a college simply dictating them from a position of full control.
  5. Negotiated directly with college counsel over several weeks on the scope of those conditions, pushing back on proposed terms that would have required Bo to refer out all endodontic work, which would have gutted a meaningful share of the practice's revenue on its own. We landed instead on a review requirement that preserved his ability to keep doing that work under independent oversight.
  6. Prepared Bo for the interview stage of the review with two rehearsal sessions built around the actual questions a panel typically asks, including direct questions about the personal relationship with the complainant, so his answers in the room were composed and specific rather than defensive or vague under pressure, since a panel reads hesitation on that particular question as evasiveness even when nothing is actually being hidden.
  7. Kept Natalia and the practice's office manager informed of what patients and staff could and could not be told at each stage, since a shared clinic space meant rumours could move fast, and a badly worded explanation to even one patient risked turning a private review into a public one before the process had even concluded, which would have damaged the practice regardless of the eventual finding.
  8. Documented every interim condition Bo actually followed as the review progressed, building a running compliance file so that, at the end of the process, there was a clean paper record showing he had not just agreed to the conditions but had met every one of them without exception, which mattered directly once the college weighed whether to lift the conditions on schedule.

The outcome

The college accepted the interim conditions we proposed rather than imposing its own, which meant Bo kept his full scope of practice through the review, subject to the independent case review he had already agreed to. He did not stop seeing patients for a single day. The practice's revenue dipped slightly during the review period, mainly from the administrative time the case review process required and a handful of appointment slots given up to accommodate it, but nowhere near the collapse a suspension would have caused if the college had imposed its own, more restrictive terms instead.

The review concluded, roughly ten months after the letter first arrived, with a finding that the clinical care met the required standard, along with a recommendation that Bo complete a continuing education module on informed consent documentation. He had already begun that module before the finding came down, having built it into his own interim conditions rather than waiting to be told to. No formal discipline was entered on his record, and the interim conditions lifted automatically once the finding was issued.

The friendship with Bohdan did not survive the process in the same form it had before. The two men have not fully reconciled, and Bo does not expect them to; too much was said in the complaint and in the response to it for things to simply go back to normal. What the review protected was narrower than the friendship: the practice, the license, and the fifteen years of goodwill attached to both. Bo has since changed his intake process so that personal contacts who become patients sign a separate acknowledgment about the professional relationship, a small procedural change that grew directly out of what this review made visible, and one he now describes as the least he could do given what the alternative would have cost him.

What you can learn from this

  • A regulatory complaint is not automatically a suspension. Understand what stage of the process you are actually in, and what a college's realistic range of outcomes looks like, before you assume the worst is already decided.
  • Contemporaneous records carry more weight than memory in any professional review. If your notes and your account of events do not match exactly, treat that gap as a problem to fix before you speak, not after.
  • Offering your own interim conditions, before a regulator imposes its own, often produces terms a professional can actually live and keep working with, instead of terms handed down without any input at all.
  • Treating friends or family as clients blurs a professional relationship in ways that only become visible once something goes wrong. Build a documented separation into your intake process well before you ever need it.
  • A clinical defence and a relationship dispute are two different arguments that deserve two separate answers. Blending them into one narrative tends to drag the stronger argument down to the level of the weaker one.
This case study is entirely fictional. It does not describe any real client, file, or matter handled by Treadstone Law, and it is not a real file with details changed. All names, people, properties, businesses, dollar amounts, dates, and events are invented, and any resemblance to a real person, business, or situation is coincidental. Fictional scenarios like this one illustrate the kinds of legal issues people in Ontario commonly face and how a lawyer can help. They are general information, not legal advice — no two matters unfold the same way, and nothing here predicts the outcome of any real case. Reading a case study does not create a lawyer-client relationship. If you are facing something similar, speak with a lawyer about your specific circumstances.

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