The Court of Appeal of Alberta recently upheld the majority of unprofessional conduct allegations against a Red Deer dentist in connection to his advertising.
Dr. Michael Zuk, the dentist at the centre of the allegations, said the court’s decision was a partial victory.
“Basically the decision was quashed,” said Zuk, of Bower Dental Centre.
He said the case is being bounced back to the Alberta Dental Association.
“But I fully intend to fight this to the end because it’s just kind of a technicality thing they drummed up to keep me quiet.”
Zuk has been an outspoken critic about what he calls questionable dental practices.
In 2015 the hearing tribunal of the Alberta Dental Association and College (ADAC) found Zuk guilty of 21 allegations and ordered him to serve a one-year suspension, and pay $175,000.
Unprofessional conduct involved breaching advertising rules and his conduct during the investigation process.
When Zuk appealed the tribunal’s decision to ADAC’s council of appeal, the council dismissed Zuk’s appeal and ordered that he pay an additional $51,761.
Zuk then took his case to the Court of Appeal of Alberta whose decision was released this week.
The appeal court found the council’s decision was “generally reasonable” but also unreasonable to uphold the tribunal’s allegation that Zuk failed to co-operate with the complaints director. The court also disagreed with the allegation that Zuk breached an undertaking to change his bus bench advertisements.
The matter was referred back to ADAC’s council of appeal to consider sanctions and costs in light of the court’s decision.
Zuk said in the past year the ADAC has made changes to its advertising rules and has some serious concerns about what he calls “word police.”
“I’m still getting beat over rules that are now reversed.”