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CPSO v. Trozzi, Luchkiw – Two Penalty Decisions from COVID-19

On January 25 and 29, 2024, the Ontario Physicians and Surgeons Discipline Tribunal (OPSDT) of the College of Physicians and Surgeons of Ontario (CPSO) released two separate penalty decisions relating to the conduct of physicians during the COVID-19 global pandemic.

The two physicians that received penalties were Dr. Crystal Luchkiw, a family physician from the Barrie area and Dr. Mark Raymond Trozzi, a physician from northern Ontario.

The OPSDT had released a previous decision on July 6, 2023 regarding Dr. Luchkiw and had found that she had had engaged in disgraceful, dishonorable or unprofessional conduct for refusing to co-operate with the investigations of the CPSO into her practice of exempting patients from the COVID-19 vaccine.  

With respect to Dr. Trozzi, the OPSDT had found on October 6, 2023 that he had made misleading, incorrect or inflammatory statements about vaccinations, treatments and public health measures for COVID-19 in social media postings on his website and in interviews. 

PENALTIES

Dr. Luchkiw

For refusing to co-operate with the CPSO’s investigation, Dr. Luchkiw had her medical license suspended for 6 months and ordered to pay legal costs of $28,370 among other penalties.

Dr. Trozzi

The CPSO determined that Dr. Trozzi was ungovernable and as a result, his medical license was permanently revoked and he was ordered to pay $94,960 in legal costs. Per the OPSDT,

Here, we have no sign that the registrant shows a willingness to change. To the contrary, it is clear from the evidence that he intends to continue his spread of misinformation. In this case, his conduct and his own words over the course of these proceedings, including after our misconduct decision, gives us reason to believe that remediation is unlikely. 

Decision Dates: January 25 and 29, 2024

Jurisdiction: Ontario Physicians and Surgeons Discipline Tribunal

Citations: College of Physicians and Surgeons of Ontario v. Trozzi, 2024 ONPSDT 2 (CanLII)

College of Physicians and Surgeons of Ontario v. Luchkiw, 2024 ONPSDT 4 (CanLII)

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Paul Cahill

Paul is a partner at Davidson Cahill Morrison LLP. He has proven himself a fearless advocate by a number of successful trial outcomes over the years, including a $11.5 million judgment for medical malpractice causing cerebral palsy against a negligent doctor as well as a recent judgment against a negligent emergency room physician who caused the death of a 34 year-old mother of 4 young children.

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