Alberta Appeal Court Upholds Injunction Against Former Physician
Alberta's highest court has dismissed an application by a former physician seeking to overturn an injunction that bars him from representing himself as a practicing doctor. The Court of Appeal of Alberta rejected Viliam Makis's bid to pause the interim injunction, which was originally filed by The College of Physicians and Surgeons of Alberta (CPSA) in August of last year.
Injunction Details and Compliance Requirements
The interim injunction specifically prohibited Makis from representing or implying that he is a regulated member of the CPSA or licensed to practice medicine in Alberta. He was given until September 7 of last year to comply with conditions that additionally forbid him from using professional titles, abbreviations, or initials, including "doctor," "Dr," or oncologist. Makis has not held a valid license to practice medicine in Alberta since 2019.
Legal Arguments and Court's Decision
In his appeal, Makis argued that the interim injunction was granted without sufficient evidence and would cause irreparable harm to him, including significant reputational and financial damages if enforced. He sought to have the injunction stayed until the CPSA's applications for a permanent injunction and civil contempt of court could be fully adjudicated.
However, in a January 21 ruling, Court of Appeal Justice Kevin Feehan rejected these arguments. Justice Feehan noted the temporary nature of the interim injunction and highlighted that Makis remains subject to a vexatious litigant order. The judge emphasized that "the public interest component favours not granting the stay," adding that allowing the appeal to proceed would further delay the ongoing legal process.
Public Interest Considerations
The court cited the CPSA's arguments stressing the public interest in preventing unlicensed individuals from misrepresenting themselves as practicing physicians. Under Alberta's Health Professions Act, individuals who are not licensed with the CPSA are prohibited from presenting themselves as doctors and providing patient care, including medical advice, opinions, or consultations.
Background and Ongoing Proceedings
Viliam Makis was previously a nuclear medicine physician at the Cross Cancer Institute until October 2016, when he was terminated following complaints of professional misconduct. These complaints included allegations that he threatened a colleague he accused of lying to a college investigator.
The CPSA is currently seeking a permanent injunction against Makis and is also pursuing a civil contempt of court application. Both matters remain unresolved and are pending further court proceedings. The college's actions underscore regulatory bodies' ongoing efforts to maintain professional standards and protect public safety in healthcare.
This ruling reinforces the legal mechanisms available to medical regulatory authorities in Alberta to address cases involving unlicensed practice and misrepresentation of professional credentials.
