Ontario Medical Malpractice · Patient Review

Were You a Patient of Dr. Ashwin Maharaj?

On 28 January 2026, the Ontario Physicians and Surgeons Discipline Tribunal revoked Dr. Ashwin Rajan Maharaj's certificate of registration, found him incompetent, and found that he committed professional misconduct in his proctology and gastroenterology practice.

Diamond and Diamond Lawyers is reviewing claims for people treated by Dr. Maharaj. If you were examined, sedated, or had a procedure at his practice, we can look at what happened to you. Your enquiry is confidential.

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17Patients whose care the Tribunal found fell below the standard of practice

2019–2025Period covered by the patient complaints before the College

RevokedCertificate of registration, effective 28 January 2026

24/7Confidential injury hotline, answered any time

What the Tribunal Found

The following findings are drawn from the public decision of the Ontario Physicians and Surgeons Discipline Tribunal and from the College of Physicians and Surgeons of Ontario public register. Dr. Maharaj pleaded no contest to the allegations, which allowed the Tribunal to make its findings without a full evidentiary hearing.

The Tribunal found that Dr. Maharaj failed to maintain the standard of practice of the profession, engaged in conduct that would reasonably be regarded by registrants as disgraceful, dishonourable or unprofessional, contravened a term, condition or limitation on his certificate of registration, and contravened the Regulated Health Professions Act, 1991. The Tribunal further found him incompetent.

Summary of decision, CPSO public register — 28 January 2026

Unnecessary Examinations

The Tribunal found that anorectal examinations were performed that were unnecessary or contraindicated, including examinations carried out under propofol anaesthesia without proper justification.

Consent Not Properly Obtained

The Tribunal found that a blanket consent was obtained before examination and diagnosis, and that procedures were then decided upon and performed while patients were sedated, without consent for the specific treatment delivered.

Diagnosis and Treatment

The Tribunal found misdiagnoses, together with procedures that were unindicated or not supported by an evidence base, and deficiencies in knowledge, skill and judgement.

Patient Photographs and Video

The Tribunal found a failure to properly store and destroy patient photographs, including sensitive images, and that one patient's health information — including a video of treatment — was shared without consent.

Records and Documentation

The Tribunal found that documentation was not accurate, complete or comprehensive, and fell below the standard of practice.

Outcome

The Tribunal ordered a reprimand and revocation of the certificate of registration. Dr. Maharaj also gave an undertaking to the College, effective 30 January 2026, never to apply or reapply for registration as a physician anywhere in Canada.

Sources: CPSO public register entry for Ashwin Rajan Maharaj (CPSO #67100) · Ontario Physicians and Surgeons Discipline Tribunal case file · Published OPSDT reasons on CanLII · CTV News, 29 January 2026

Who This May Apply To

Dr. Maharaj held a certificate of registration from July 1993 until it was revoked. He practised proctology and gastroenterology at out-of-hospital premises in Toronto and Thornhill, and publicly promoted his practice under the ProctoCan name. Many people were treated for common, ordinary conditions and had no reason at the time to question the care they received.

You may wish to speak with us if any of the following apply

You were treated for haemorrhoids, fissures, fistulas, abscesses or another anorectal condition.
You underwent a gastroscopy, colonoscopy or other endoscopic procedure.
You were sedated or given anaesthesia, and were told afterwards what had been done.
You signed a general consent form and a different or additional procedure was performed.
You were photographed or recorded, or you were shown images or video of another patient.
You had a procedure that did not resolve your symptoms, or left you worse than before.
You received a diagnosis that a later physician disagreed with.
A family member was treated by Dr. Maharaj and has since died.

You do not need to be certain that something went wrong. Many people only learn that their care fell short once someone reviews the records with them. That review is what we are offering.

Consent Is Not a Signature on a Form

A great deal of what the Tribunal found in this case turns on consent. In Ontario, consent to treatment is governed by the Health Care Consent Act, 1996. Consent must relate to the specific treatment proposed, and it must be informed — meaning the patient received the information a reasonable person would need about the nature of the treatment, its expected benefits, its material risks and side effects, alternative courses of action, and the likely consequences of declining.

A signature agreeing in advance to whatever the physician decides to do, obtained before the patient has been examined or diagnosed, is not the same thing. A patient who is already sedated cannot give consent to a procedure that is decided upon while they are unconscious.

Consider an example. A person attends for an assessment of ongoing discomfort. They sign a broad authorisation at reception, are sedated for what they understand to be an examination, and wake up having had a surgical procedure that was never discussed with them, that they were never told carried risks, and that they were never offered the chance to decline or to seek a second opinion. The procedure may even have been performed skilfully. The problem is that the choice was never the patient's to make.

Where treatment is delivered without valid consent, Canadian law may treat that as negligence or as battery, depending on the circumstances. Both are civil claims a patient can bring.

Further reading: Health Care Consent Act, 1996 (ontario.ca) · CPSO policy on Consent to Treatment

Photographs, Video and Your Health Privacy

The Tribunal's findings included a failure to properly store and destroy patient photographs, including sensitive images, and the sharing of one patient's health information — including a video of treatment — without consent.

In Ontario, personal health information is protected by the Personal Health Information Protection Act, 2004. A health information custodian must keep records secure and must not disclose your information without your consent, subject to limited exceptions. Images of a patient's body taken in a clinical setting are personal health information.

This is a distinct harm from a physical injury, and it is one people often feel acutely. If you believe you were photographed or recorded, or that your images or information were shown to anyone, that is worth raising with us — whether or not you also think your treatment was substandard. You are entitled to ask what exists and where it went.

Further reading: Information and Privacy Commissioner of Ontario — health privacy · PHIPA, 2004 (ontario.ca)

Request a Confidential Case Review

Tell us as much or as little as you are comfortable putting in writing. A member of our medical malpractice team will contact you to talk it through.

What we will ask about

Roughly when you were treated, and where.
What you were told was going to happen, and what actually happened.
What you signed, if you remember.
How you have been since, physically and otherwise.

If you do not have your medical records, that is not a barrier. You have a right of access to your own health records under Ontario law, and we can help you request them.

Consultations and case evaluations are free. Any fee arrangement is explained to you in writing before you decide whether to retain us.

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All fields are treated confidentially.

How a Medical Malpractice Claim Works in Ontario

A College discipline proceeding and a civil claim are two different things. Understanding the difference matters, because a great many people assume the first one takes care of the second.

The College Regulates. It Does Not Compensate.

The CPSO and the Tribunal exist to protect the public by regulating physicians. A revoked licence is a professional consequence. It does not award anything to the patients who were harmed. Compensation is pursued separately, through a civil claim.

What a Civil Claim Must Establish

A patient generally needs to show that the care fell below the standard expected of a reasonable physician in the circumstances, and that this failure caused an injury or loss. Independent medical opinion is ordinarily required on both points.

What Compensation Can Cover

Depending on the case, damages may address pain and suffering, past and future income loss, the cost of further treatment and care, out-of-pocket expenses, and in some circumstances claims by family members.

You Can Do Both

If you have already complained to the College, that does not prevent you from bringing a civil claim. If you have not complained, you are not required to before speaking with a lawyer.

Records Come First

Most reviews begin with obtaining and reading the clinical records, consent documentation and operative notes. That is often where the picture becomes clear.

Individual Circumstances Differ

No two patients were treated identically, and outcomes depend on the facts of each case. Nothing on this page is a prediction about any particular claim.

Get the Help You Deserve

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Frequently Asked Questions

Was Dr. Maharaj convicted of a crime?

No. The proceeding before the Ontario Physicians and Surgeons Discipline Tribunal was a regulatory matter brought by the College of Physicians and Surgeons of Ontario, not a criminal prosecution. Dr. Maharaj pleaded no contest, which permitted the Tribunal to make its findings without a full evidentiary hearing. The findings on the public register are findings of professional misconduct and incompetence.

His licence is already revoked. What is left to pursue?

Revocation is a regulatory sanction. It stops a physician from practising, and it is the College doing its job of protecting the public. It does not compensate anyone who was harmed. A civil claim is the separate process through which a patient may seek compensation for an injury or loss.

I already complained to the CPSO. Can I still speak to a lawyer?

Yes. A College complaint and a civil claim are independent of one another, and pursuing one does not close off the other. If you were one of the people who complained, your complaint file and the material the College gathered may be relevant, and we can discuss how to approach that.

I do not have my medical records. Does that stop me?

No. Under Ontario's Personal Health Information Protection Act, 2004, you have a right of access to your own health records. Records from a practice that has closed still have to be retained and remain accessible. We can help you make the request.

My procedure seemed to go fine. Is there anything to discuss?

Possibly. The Tribunal's findings included procedures that were unnecessary or not supported by evidence, and consent that was not properly obtained for the specific treatment delivered. A procedure can be performed without complication and still have been one the patient was never given a real opportunity to refuse. It is reasonable to have that looked at.

Is this a class action?

At this stage we are reviewing enquiries as individual claims, because medical treatment and its consequences differ from patient to patient. Whether any part of this matter is suitable for a class proceeding is something our class actions department will assess as we learn more. Contacting us now does not commit you to either path.

Will my enquiry be confidential?

Yes. What you tell us is treated confidentially, and we understand that this is a private and sensitive area of medicine. You are not obliged to retain us, and you can stop the conversation at any point.

What does it cost to have my case reviewed?

Consultations and case evaluations are free. If we take a matter forward, the fee arrangement is set out for you in writing, and you decide whether to proceed before anything is signed.

My family member was treated by Dr. Maharaj and has since died.

Please contact us. Depending on the circumstances, family members may have claims of their own under Ontario law. We are sorry for your loss, and we will handle the conversation with care.

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