David Windross

During a discipline hearing against a pharmacist, the panel lost its last remaining public member, resulting in a loss of quorum under s. 38(5) of the Health Professions Procedural Code.

The College argued the panel could continue, while the registrant argued quorum was lost but acknowledged the panel's discretion under s. 4.4(2) of the Statutory Powers and Procedure Act (SPPA).

The majority of the panel held that while quorum was lost, s. 4.4(2) of the SPPA permitted the remaining members to complete the hearing and render a decision.

The majority found that continuing was the most just, expeditious, and cost-effective approach.

One panel member dissented, concluding that the panel lost jurisdiction to continue once quorum was lost.