Stockwoods successfully defends appeal challenging College of Pharmacists’ Discipline Committee powers

On June 18, 2019, the Divisional Court released a decision in Khalil v. Ontario College of Pharmacists, 2019 ONSC 3738, dismissing an appeal by a pharmacist against an order by the Discipline Committee of the Ontario College of Pharmacists, prohibiting him from being a shareholder or director of a corporation that operates a pharmacy, for a period of three years.  The pharmacist had challenged the power of the Discipline Committee to make such an order, asserting that the Drug and Pharmacies Regulation Act “covered the field’ when it came to ownership and directorship in pharmacy corporations, and circumscribed the Committee’s powers to make orders upon a finding of professional misconduct.  The Divisional Court disagreed, holding that the Discipline Committee’s interpretation of its powers was consistent with the purpose of professional regulation legislation, namely public protection.

Stockwoods  partner Aaron Dantowitz represented the College.  The Divisional Court’s reasons can be found here.

Aaron and Stockwoods partner Ted Marrocco successfully represented the College in the proceeding before the Discipline Committee.  The Committee’s decision can be found here.

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