Mr. James D. Kontos

Discipline Referral Date: July 21, 2020

It is alleged that on or about September 27, 2018, the Client had her initial appointment with the Member. The Client was seeking a new set of complete dentures. After speaking with the Member, the Client agreed to purchase a complete set of dentures from the Member. First Set of Dentures: It is alleged that on or about October 16, 2018, the Client’s dentures were completed and delivered to the Client (the First Set of Dentures), It is alleged that the First Set of Dentures did not fit properly and caused the Client pain. It is alleged that the Member attempted to fix the First Set of Dentures but this was not successful. Second Set of Dentures: It is alleged that on or about November 26, 2018, the Client returned to the Member. The Client asked the Member for a refund as the First Set of Dentures were not satisfactory. The Member refused to provide a refund but agreed to make a second set of dentures (the Second Set of Dentures) for the Client. The Client agreed. It is alleged that the Second Set of Dentures were delivered to the Client in or about December 2018. It is alleged that the Second Set of Dentures did not fit properly and caused pain to the Client. It is alleged that in or about March 2019, the Client returned to the Member. The Client asked the Member for a refund as the Second Set of Dentures were not satisfactory. The Member refused to provide a refund but offered to make her a third set of dentures. The Client refused. It is alleged that the First and/or Second Set of Dentures were not fabricated in accordance with standards of the profession. It is alleged that the Member did not fulfill the terms of his agreement with the Client as the First and/or Second Set of Dentures could not be worn, caused pain, and/or were not fabricated in accordance with standards of the profession. Acts of Professional Misconduct: As a result of the above, it is alleged that the Member engaged in professional misconduct pursuant to Clause 51(1)(c) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, and as set out in one or more of the following paragraphs of section 1 of Ontario Regulation 854/93 under the Denturism Act, 1991: a. Paragraph 2: Failing to maintain the standards of practice of the profession; and/or b. Paragraph 7: Failing to fulfil the terms of an agreement with a patient, except in accordance with paragraph 6; and/or c. Paragraph 47: Engaging in conduct or performing an act, relevant to the practice of denturism, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, unethical or unprofessional.

Hearing Date: February 3, 2021, 10AM

Hearing Location: virtual

The panel considered the Member's plea and the Agreed Statement of Facts and found that the facts and plea supported a finding of professional misconduct and, in particular, found that the Member committed the following acts of professional misconduct: he failed to maintain the standards of practice of the profession, contrary to section 1.2 of Ontario Regulation 849/93; and he engaged in conduct or performed an act relevant to the practice of denturism that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional.

Order: The Discipline Committee made an order: 1. requiring the Member to appear before the panel to be reprimanded immediately following the hearing of the matter 2. Directing the Registrar to suspend the Member's Certificate of Registration for a period of two weeks, on a schedule set by the Registrar. If the Member successfully completes, to the Registrar's satisfaction, the specified terms, conditions and limitations set out in paragraph 3 below, no later than two months from the date of the order of the Discipline Committee, two weeks of the suspension will be lifted 3. Directing the Registrar to impose the following terms, conditions and limitations on the Member's certificate of registration: a. the Member shall successfully complete, to the Registrar's satisfaction, a professionalism course, no later than three months of the date of the Order of the Committee; and b. requiring that the Member write an essay between 1,000 and 1,500 words in length and provide it to the Registrar no later than one month following completion of the professionalism course addressing the lessons learned in completing the course and the methods he will incorporate into his practice to ensure compliance with standards and his obligations as a member of the College 4. the Member shall pay the College's costs fixed in the amount of $1,500 on a schedule to be set by the Registrar 5. the Member acknowledges that this Joint Submission as to Penalty and Costs is not binding upon the Discipline Committee and 6. the Member acknowledges and understands that he is executing this document voluntarily, unequivocally, free of duress and free of bribe and that he has been advised of his right to seek legal advice

Order: Download

Conditions and Limitiations
Mr. Kontos shall successfully complete, to the Registrar's satisfaction, a professionalism course, pre-approved by the Registrar, at the Member's expense, no later than three months from the date of the Order of the Discipline Committee; requiring that Mr. Kontos wrote an essay between 1000 and 1500 words in length, and provide it to the Registrar, no later than one month following completion of the professionalism course, that may be published by the College at a time and in a format determined by the Registrar, on the following issues: i. the lessons he learned in completing the professionalism course; and ii. the methods he will incorporate into his practice to ensure compliance with standards and his obligations as a member of the College