Former dentist takes College of Dental Surgeons to court

Clark Stelmaschuk seeks to set aside an agreement he signed in 2011 to never practise again

Clark Stelmaschuk

A former Abbotsford dentist who signed an agreement in 2011 to never practise again has gone to court to have that agreement set aside.

Clarence (Clark) Stelmaschuk says that, although he had proper legal advice that led to him signing the agreement with the College of Dental Surgeons of B.C.(CDSBC), he was in an “acute phase” of bipolar disorder at the time.

As a result, he was “incompetent to understand the legal advice or his rights and responsibilities under the agreement,” according to civil court documents.

Stelmaschuk had his licence suspended in February 2011 after the college received six complaints from 2008 to 2010 involving dental work performed at his practice on Bourquin Crescent West.

According to court documents at the time, the complaints related to “surgical techniques, diagnostic ability, radiographic interpretation, restorative treatment, implants, record-keeping, pain management protocols and patient relations.”

Stelmaschuk fought unsuccessfully to have the suspension lifted.

A hearing had been scheduled to determine the validity of the complaints and whether Stelmaschuk should face any further disciplinary action, but he instead agreed that he would not, in future, practise dentistry anywhere in the world.

He made no admissions of misconduct at the time.

In the recent court documents, Stelmaschuk states that he does not have any detailed recollections from that time, including signing the agreement.

He states that from April to December 2011, he was suffering from “an acute period of mental illness during which he experienced severe depression and anxiety,” mainly brought on by the CDSBC proceedings.

A ruling made Nov. 24 in B.C. Supreme Court has given the CDSBC access to a list of documents related to correspondence between Stelmaschuk and his former lawyers, as well as permission to question those lawyers about Stelmaschuk’s alleged mental competence in 2011 and his apparent understanding of the agreement.

Stelmaschuk had argued that evidence from his former lawyers was not relevant to the case because “the determination of capacity is to be made by medical experts.”

 

Just Posted

Abbotsford ‘Champ’ bikes with confidence thanks to War Amps

Camden Loewen, 11, receives adaptive device to hold onto handlebar

Community-funded recording grant benefits Abbotsford songwriters

Common Room Music Collective starts ongoing grant to help musicians with recording costs

Langley – revving up for the cause

Two local cancer patients receive a bit of financial aid from a recent Langley charity car show

Dainty Dish signs off with Abbotsford School District

25-year partnership saw over 1.8 million lunches served; future of school lunch program unclear

Rolling with the punches: Abbotsford Mission Boxing Club finds new home

Club moves from Mission to Maclure Road in Abbotsford

Rich the Vegan scoots across Canada for the animals

Rich Adams is riding his push scooter across Canada to bring awareness to the dog meat trade in Asia

Vancouver Island teens missing after vehicle found ablaze near Dease Lake, BC

RCMP say a body discovered nearby not one of the missing teens

A year later, ceremony commemorates victims of the Danforth shooting

It’s the one-year anniversary of when a man opened fire along the bustling street before shooting and killing himself

Japanese Canadians call on B.C. to go beyond mere apology for historic racism

The federal government apologized in 1988 for its racism against ‘enemy aliens’

B.C. VIEWS: NDP pushes ahead with Crown forest redistribution

This isn’t the time for a radical Indigenous rights agenda

Two dead in two-vehicle crash between Revelstoke and Golden

RCMP are investigating the cause of the crash

Ottawa fights planned class action against RCMP for bullying, intimidation

The current case is more general, applying to employees, including men, who worked for the RCMP

Alberta judge denies B.C.’s bid to block ‘Turn Off the Taps’ bill

He said the proper venue for the disagreement is Federal Court

Most Read