A pharmacist is told “no” for the second time after trying to dispute a remedial decision by the College

21. January 2020 0
The Applicant pharmacist, Mr. Jaffer, was unsuccessful in attempting to seek judicial review of a decision of the Health Professions Appeal and Review Board (“HPARB”). The HPARB dismissed his appeal from a decision made by the Ontario College of Pharmacists relating to a remedial disposition in a complaint matter. Administrative law – Decisions reviewed – ...

Pharmacists Professional Misconduct: The scope of conditions a Discipline Committee can impose when there is a finding of professional misconduct

20. August 2019 0
The court considered the nature of the conditions the Discipline Committee of the Ontario College of Pharmacists can impose when there has been a finding of professional misconduct. The court found the Discipline Committee had the authority to limit the ability of a pharmacist to act as a director of a corporation or hold other ...

Regulator’s procedure may vary if member not prejudiced by change

16. October 2018 0
Because there was no procedural unfairness, the Ontario College of Pharmacists (the “College”) was not required to abide by its own procedural guidelines in the circumstances. Administrative law – Decisions reviewed – College of Pharmacists – Abuse of process – Judicial review – Procedural requirements and fairness – Appeals – Pharmacists – Disciplinary proceedings – ...

A caution issued by Newfoundland and Labrador Pharmacy Board against a pharmacist was set aside by court

The Applicant Pharmacist (Mr. Peddle) was successful in an application for judicial review. His licensing body (the Respondent, the Newfoundland and Labrador Pharmacy Board) had issued a caution against him after a complaint investigation. The Court set aside the caution. Administrative Law – Bias – College of Pharmacists – Conduct unbecoming – Decisions of administrative ...

Alberta court applied the correctness standard of review to the implementation of inducement prohibitions by the College of Pharmacists

The Applicant, Sobeys West Inc., sought judicial review of new regulations adopted by the Respondent, the Alberta College of Pharmacists. The Court decided the standard of review was correctness even though the parties agreed the standard of review was reasonableness. Administrative law – College of Pharmacists – Correctness – Decisions of administrative tribunals – Judicial ...

Pharmacists are not allowed to use customer incentive programs

21. March 2016 0
A bylaw prohibiting pharmacists from using customer incentive programs was struck down on judicial review on the basis of unreasonableness. The College of Pharmacists appealed. The appeal was allowed as the court found that the bylaws conformed to the rationale of the statutory regime. Administrative law – Bylaws – College of Pharmacists – Compliance with ...

The Court denied a vexatious litigant (pharmacist) leave to appeal a decision that denied his reinstatement application for his pharmacy license on the basis that it was an abuse of process and there were no reasonable grounds for it

22. December 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Governance – Disciplinary proceedings – Professional misconduct or conduct unbecoming – Licence to practice – Reinstatement – Judicial review – Appeals – Leave to appeal – Abuse of process – Jurisdiction – Compliance with legislation – Rules and by-laws – Standard ...

Application for declaration that mandatory revocation provisions under the Health Professions Procedural Code are unconstitutional as being ultra vires the province

27. January 2015 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Disciplinary proceedings – Professional misconduct – Sexual relations with patients – Penalties and suspensions – Judicial review – Compliance with legislation – Jurisdiction of court – Legislation – Constitutional issues – Ultra vires Hanif v. Ontario, [2014] O.J. No. 5549, 2014 ...

The BC Supreme Court struck down bylaws passed by the College of Pharmacists which prohibited the use of incentive programs in pharmacies. The court found that the College’s decision to pass the bylaws fell outside the range of possible acceptable outcomes, given the competing public interests and the College’s ability to pass bylaws that are narrower in scope to address their reasonable concerns. The bylaws were found to be overbroad and their net effect was found to be harmful to the public interest in obtaining pharmacy services and prescriptions at the lowest price.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Professional governance and discipline – Rules and by-laws – Change of by-laws – Public interest – Incentive programs – Judicial review – Evidence – Compliance with legislation – Standard of review – Reasonableness simpliciter Sobeys West Inc. v. College of Pharmacists ...

The Court of Appeal allowed the appeal by the College of Pharmacists of British Columbia from a decision of a chambers judge on an application for judicial review. The Appeal Court found that the chambers judge erred in remitting a matter back to the College’s Discipline Committee for rehearing solely on the issue of penalty and not on the merits in circumstances where the judge found the respondent pharmacist’s admissions to be equivocal. Having found that the admissions of professional misconduct were equivocal and therefore could not be relied upon, the chambers judge ought to have considered whether a new hearing or admission of further evidence was necessary in the interest of justice. As a result, the appeal was allowed and the question of liability on the two counts of professional misconduct was remitted back to the Disciplinary Committee of the College of Pharmacists.

23. April 2013 0
Administrative law – Decisions of administrative tribunals – College of Pharmacists – Pharmacists – Professional misconduct or condut unbecoming – Disciplinary proceedings – Penalties – Public interest – Judicial review – Hearings – Conduct of hearings – Evidence Farbeh v. College of Pharmacists of British Columbia, [2013] B.C.J. No. 483, 2013 BCCA 59, British Columbia ...