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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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I am practicing family medicine under a supervisor in s

Customer Question

I am practicing family medicine under a supervisor in his Toronto bases office as I don't have my CCFP. All of a sudden my supervisor increased the overhead from 20% to 30%. He also wants me to work with him for five years after I pass the CCFP. May I please know my legal rights?
Submitted: 9 months ago.
Category: Canada Law
Expert:  Legal Ease replied 9 months ago.

Are you saying your supervisor is trying to change the terms of your agreement unilaterally?

Did you ever before agree to work for him after you pass the CCFP?

Are you a foreign medical school graduate?

Customer: replied 9 months ago.
I am a foreign trained physician and worked about five years in New Brunswick. I obtained the restricted license to practice in Ontario in 2014 and started working in a Toronto based office under the supervision of a physician who has CCFP. The office is also owned by him. There is no written contract between this office and me regarding payment of overhead or length of service. However, there is an agreement between me and my supervisor that is required by the Ontario College of Physicians. This agreement basically says that the supervisor will supervise my practice for three years.
Expert:  Legal Ease replied 9 months ago.

Then he cannot change the terms of the agreement at all.

He must supervise you for three years or will be in breach of his agreement and he cannot compel you to work for him for any longer than that.

He has no right to raise the overhead because even though there is no written contract there is a verbal one and the proof of that, aside from your word, is that he has charged one specific amount so far and that is proof of the agreement.

I suggest you or a lawyer acting for you make it clear that you are not agreeable to changing the written agreement that reflects the College's requirements or the verbal one and you will take this to court if necessary.

Does that help?

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