The appellants, a pharmacist and his pharmacy, appealed a Divisional Court decision upholding their convictions for professional misconduct by the Discipline Committee of the Ontario College of Pharmacists.
Leave to appeal was granted solely on the issue of whether the Complaints Committee had jurisdiction to refer allegations of dispensing errors to the Discipline Committee that were unrelated to the original complaints being investigated.
The Court of Appeal held that under section 26(2) of the Health Professions Procedural Code, the Complaints Committee only has jurisdiction to refer specified allegations that are 'related to the complaint'.
The Committee exceeded its jurisdiction by referring unrelated dispensing errors discovered during the investigation.
The appeal was allowed and the findings of misconduct based on those charges were set aside.
