The B.C. Court of Appeal has upheld a B.C. College of Massage Therapists' decision to impose interim orders requiring a Prince George practitioner to have a chaperone present whenever he is treating a female patient.
The ruling, issued Monday, overturned a B.C. Supreme Court Justice's decision to quash the College's orders against Trevor James Scott. They were imposed in response to a complaint from a woman alleging sexual misconduct against Scott.
According to a complaint filed in October 2014, Trevor James Scott, listed as a registered massage therapist at Synergy Health and Wellness, masturbated himself during a 50-minute therapy session.
Scott has denied the allegations and instead claimed he was massaging the client with one hand because his other hand was shielding his face from the woman's body odour.
Scott took the issue to B.C. Supreme Court, where Justice Laura Gerow reasoned that there was "insufficient evidence" because the victim was lying face down on the table and threw out the order.
In return, the College appealed on the basis that it was reasonable for the inquiry committee to take action to protect the public without determining the merits of the underlying allegation. And on Monday, the Court of Appeal agreed.
Scott still has an opportunity to provide evidence to the College supporting his claim under a process set to resume this Thursday and Friday following three days of hearings last month.
