11/10/2018
To my Friends and Clients ,
I have remained somewhat quiet for 4 months, and some people are aware of the circumstances, but I now wish to clarify certain things.
The practice is currently not operating as it was closed in association with the decision of the College of Veterinarians of Ontario to withdraw my privilege to practice. The office was closed at that time.
To dispel any misconceptions, this did not result from improper patient or client care/relations, unlike other veterinarians who have made the news.
The matter has been taken to the Ontario Court of Appeal, and we are waiting to have a date confirmed for the review. While it was anticipated to occur sooner, the wheels of justice turn slowly and we must be patient. I know, through personal communications, that many people are supportive of me and are anxious to see this matter resolved and my return to practice.
I would like to add some history to my commentary, to provide accuracy to what has transpired. My veterinary license was suspended from September 2011 to September 2013, resulting from an investigation of the Ontario Racing Commission (now AGCO). This suspension caused myself and family significant financial hardship, and ultimately sunk me deep into debt. I made the decision that, instead of declaring bankruptcy, I would find employment, work hard, and find a way to deal with my creditors. However, in March of 2013, the Ontario Racing Commission engaged in an investigation whereby they had the OPP lay criminal and Provincial Offences Act charges against me. These charges were all subsequently withdrawn or stayed. However, the ORC disclosed evidence to the College of Veterinarians which was used in the recent proceedings. I won't comment any further as the issues relative to that investigation are part of the appeal process before the courts.
The recent proceeding before the CVO concerned the investigation conducted by the ORC, as well as the issue of the unpaid fine previously assessed by the CVO. There are 2 points that the public should be aware of in this regard. These points do not appear in any reporting of the Disciplinary findings.While I admit that the fine was not entirely paid, I am sorry and I regret that I could not do better, I did make attempts to pay it down. The CVO was given an offer of a repayment schedule, which they failed to acknowledge and respond to. Instead of attempting resolution, they instead chose the confrontational route to achieve their satisfaction and resolution. One of the mitigating factors was also the CVO request to produce financial documentation to them. At the time that their requests were made, it appeared that the CVO was attempting to have an informal Examination for Discovery(similar to the Courts) without abiding by the laws of the province, and to be held on their terms. I could only provide a portion of their requests, as the rest of the materials were unavailable, as the ORC still held my business records as a result of their investigation. The ORC held the records (beyond the applicable statutory period) for 3 years, and I only got the records after I got a court order for their return, and after the beginning of the CVO hearing. The CVO decided to proceed to a hearing because I did not cooperate and produce the records.
I wanted to clear the air on these points, as there has been some confusion about what actually has transpired. Reporting on the facts is biased and from the viewpoint of the CVO. It is clear that the Ontario Racing Commission (AGCO) has played a confrontational role with regards to my professional activities, and attempt to conduct a third party regulation of a profession that they have no jurisdiction over. This is not the first time this has occurred. As citizens of the Province of Ontario, this government hyper-regulation should be a concern, as it occurs with increasing frequency.
At this point I want to say thank you to those of you who have remained supportive while I negotiate this mess. You know who you are, and I am grateful for your support and encouragement. While this is an extremely difficult time for myself and family, I would remind people that I remain committed to rectifying the problems. Please remember that, should you have any questions about my progress, requests relative to medical records, or simply wish to chat and catch up, I can be reached on my cell phone. I hope that this narrative answers more questions than it creates.
Please stay in touch, and I sincerely hope that my equine patients are doing well.
Blaine Kennedy DVM
