Neil E Boon

1. I acknowledge that the College of Physiotherapists of Ontario (the "College") has commenced an investigation after receiving a complaint from a former patient, who alleges that during an appointment, I engaged in non-clinically indicated touching and crossed professional boundaries. The investigation has not yet been completed and the Inquiries, Complaints and Reports Committee (the "ICRC") has not yet considered the complaint.
2. While I deny the allegations that have been made in the complaint being investigated by the College, I wish to bring this matter to a conclusion. This acknowledgement and undertaking does not constitute an admission of any professional misconduct on my part.
3. In exchange for my providing to the College an original copy of this Undertaking, the ICRC will take no further action regarding the above-noted investigations. I undertake to resign my membership and certificate of registration with the College by January 22, 2023, and never to apply or re-apply for membership, registration, Iicensure or similar status with the College of Physiotherapists of Ontario or a regulatory body that licenses physiotherapists in Ontario.
4. If I ever apply or re-apply, or attempt to apply or re-apply for membership, registration, Iicensure or similar status with the College in the future, the College will be entitled to rely upon this undertaking in any registration or other similar proceeding as reason to deny my application and will provide the ICRC the right to continue with the investigations.
5. I acknowledge that if I attempt to register as a physiotherapist in another jurisdiction and that regulatory body asks for information about this matter the College is obligated to disclose the content of its investigation files with the other jurisdiction.
6. I acknowledge that after I resign my membership with the College, I will not be entitled to use the titles "physiotherapist", "physical therapist" or any abbreviation thereof or equivalent in another language. I will not be entitled to hold myself out as, or imply that I am a person who is qualified to practice in Ontario as a physiotherapist/physical therapist and/or use my College registration number.
7. I acknowledge that the College is required under Section 23 of the Health Professions Procedural Code which is Schedule 2 of the Regulated Health Professions Act to publish this Undertaking on the public register. This publication is indefinite.
8. In the event of a breach of this undertaking and the College proceeds with an investigation/ discipline hearing, I hereby agree to bear the risk of any prejudice that the passage of time might cause to my ability to make full answer and defence, and waive the right to seek any remedy on the basis of the passage of time, should the College proceed with the investigation and any allegations that may arise as a result of any future breach of this Undertaking by me.
9. I acknowledge that I have been advised of my right to obtain legal advice prior to entering into this Undertaking and have either availed myself of that right or chosen not to avail myself of that right.
10. I acknowledge that I am entering into this undertaking freely, voluntarily and without duress.

CPO and Neil Boon

Case Number 2015-0094

On October 20, 2015 the Inquiries, Complaints and Reports Committee referred a matter involving Neil Boon to the Discipline Committee for a hearing. The dates for the hearing were:
June 7, 8, 2016, and 
October 6, 7, 17, 18, 2016
April 20, 2017

Decision on Finding, Penalty and Costs: Were Appealed by the Member
Matter was heard on: May 29, 2018

Decision of the Discipline Committee was Upheld: Decision available on Canlii: www.canlii.org

Overview of the Allegations

That in April 2015 Mr. Boon touched a patient in a sexual manner. More specifically that Mr. Boon

• placed, rubbed or otherwise touched his hand on the patient's thigh and inner thigh
• inappropriately leaned his body or otherwise touched his body against the patient
• grabbed, squeezed or otherwise touched the patient's breast
• placed the patient's foot against or on his crotch and/or thigh, and 
• rubbed the patient's back

At the conclusion of the hearing the panel found that Mr. Boon engaged in acts of professional misconduct within the meaning of:

paragraph 1 (Failing to maintain the standards of practice of the profession), 

paragraph 7 (Performing a professional service for which consent is required by law without such consent), 

paragraph 18 (Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional) and 

paragraph 19 ( Conduct unbecoming a physiotherapist) as defined by section 1 of the College’s Professional Misconduct Regulation, being Ontario Regulation 388/08 made under the Physiotherapy Act, 1991. 

The Panel was not satisfied that the touching was of a sexual nature as that term is defined by subsections 1(3) and (4) of the Health Professions Procedural Code of the Regulated Health Professions Act, 1991. 

At the conclusion of the hearing, the panel ordered the following:

1. A suspension of three months (completed)
2. A reprimand (delivered on Febriary 11, 2019)
3. A term, condition and limitation requiring practice monitoring for a period of two years (completed)
4. A term, condition and limitation requiring completion of a boundaries education course (completed)
5. A term, condition and limitation regarding working as a physiotherapist assistant while suspended (completed)
6. Restrictions on the supervision of physiotherapy students and physiotherapy assistant students while involved in practice monitoring (completed)
7. Costs in the amount of $30 000 (in progress)

Decisions of the Discipline Committee and the Divisional Court are Available on Canlii - www.canlii.org