Discipline Committee of the Ontario College of Pharmacists
IN THE MATTER of the Regulated Health Professions Act, 1991, S.O. 1991, c.18, as amended, and the regulations thereunder, as amended;
AND IN THE MATTER of the Pharmacy Act, 1991, S.O. 1991, c.36, as amended, and the regulations thereunder, as amended;
AND IN THE MATTER of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and the regulations thereunder, as amended;
AND IN THE MATTER of allegations of proprietary/professional misconduct/incompetence before the Discipline Committee of the Ontario College of Pharmacists as referred by the Accreditation/Inquiries, Complaints and Reports Committee against Mojgan Bijanzadeh;
Between:
Ontario College of Pharmacists
Matthew Gourlay For Ontario College of Pharmacists
Katharine Neufeld Attending for Ontario College of Pharmacists
- and -
Mojgan Bijanzadeh (Registration #207788)
Jerome Stanleigh For the Registrant
Mojgan Bijanzadeh In Attendance
Cynthia Kuehl Independent Legal Counsel
Heard: March 4, 2026
Decision Released: March 4, 2026
Written Decision Date: March 26, 2026
Panel Members:
Chris Aljawhiri, R.Ph., Chair Scott Ford, R.Ph., Elected Director Sivajanan Sivapalan, R.Ph., Elected Director Danny Paquette, Public Director Devinder Walia, Public Director
ORDER AND REASONS FOR ORDER
THIS MOTION, made by Ms. Bijanzadeh for an adjournment of the hearing scheduled on March 4, 2026, was heard on March 4, 2026, by videoconference.
ON HEARING the oral submissions of Counsel for Ms. Bijanzadeh and Counsel for the College,
I. Background to the Motion
1This discipline hearing involves the adjudication of allegations of professional misconduct against Mojgan Bijanzadeh for failing to comply with an Order of a Panel of the Discipline Committee dated June 7, 2021 (the "Previous Order").
2At the outset of the hearing on March 4, 2026, the Panel heard a motion brought by Ms. Bijanzadeh requesting an adjournment to prepare a motion to be brought at the next scheduled hearing date on June 10, 2026. In particular, Ms. Bijanzadeh indicated an intention to bring a motion under Rule 6.05 of the Discipline Committee Rules of Procedure (the "Rules") to vary the Previous Order.
3The College opposed this motion.
II. Order
4Ms. Bijanzadeh's request for an adjournment of the hearing scheduled for March 4, 2026, is granted.
5The hearing will reconvene at 9:30 a.m. on June 10, 2026, by videoconference.
6On June 10, 2026, the Panel will hear the following issues:
a) Ms. Bijanzadeh's motion to vary the Order of the Panel of the Discipline Committee made on June 7, 2021; and, if unsuccessful,
b) A hearing on the merits with respect to the allegations of professional misconduct as set out in the Notice of Hearing dated August 7, 2025.
This date is peremptory on both parties for the hearing of these issues.
III. Submissions of the Parties
A. Ms. Bijanzadeh
7Ms. Bijanzadeh seeks an adjournment of this hearing to bring a motion to vary the Previous Order.
8Ms. Bijanzadeh submitted that she had every intention of complying with the Previous Order; however, due to impecuniosity and the change in status of her Certificate of Registration, she was unable to do so.
9Ms. Bijanzadeh provided a will-say statement containing background information and details regarding her current personal circumstances. In her submissions, she described the Previous Order as being so severe that it resulted in a loss of everything, including her assets and her ability to support herself. She was unable to find gainful employment, and her inability to work has left her impecunious. She currently resides with her sister and is unable to cover her basic monthly expenses. Further, her assets are now subject to a Power of Sale.
10Ms. Bijanzadeh asserted that financial constraints and health issues prevented her compliance with the Previous Order and completion of the required courses, and she requested another opportunity to resume her career. Accordingly, she seeks an adjournment of the proceedings to bring a motion to vary the Previous Order to enable her to return to practice.
11Ms. Bijanzadeh requested that the Panel address the motion to vary prior to considering the allegations related to compliance with the Previous Order, noting that a determination on the merits of the hearing could influence the Panel's decision regarding the motion to vary.
12In her reply submissions, Ms. Bijanzadeh further asserted that denying her request for an adjournment would not serve the public interest. She maintained that, given her current circumstances, including her financial hardship and loss of assets, a fair and reasonable approach should be adopted. As such, she asks that this adjournment be granted, so that she can file a motion to vary the Previous Order.
13Ms. Bijanzadeh's counsel, retained pro bono, acknowledged a delay in bringing the motion to vary the Previous Order and took responsibility for this last-minute adjournment request.
14Ms. Bijanzadeh submitted that, should this adjournment be granted, she would be prepared to proceed on June 10, 2026 with a motion to vary the Previous Order and, if unsuccessful, to continue with the hearing on the merits that same day.
B. The College
15The College opposed Ms. Bijanzadeh's adjournment request.
16By way of background, the College noted that the Previous Order became final on November 18, 2022, after all appeals were exhausted, and has been in place for over three years. The College submitted that it is undisputed that Ms. Bijanzadeh has failed to comply with any aspect of the Previous Order. The College further noted that a prior adjournment request in this matter was made in October 2025 and was granted.
17The College noted that Ms. Bijanzadeh's Certificate of Registration was cancelled for non-payment in November 2025 and remains cancelled.
18The College contended that Ms. Bijanzadeh had the opportunity at any point during the past three years to bring a motion pursuant to Rule 6.05(2) of the Rules to vary the Previous Order. The College noted that this hearing marks the first occasion on which such an intention has been stated, despite several prior opportunities, including the previous adjournment. Further, the College submitted that addressing Ms. Bijanzadeh's motion pursuant to Rule 6.05(2) of the Rules does not amount to a stay of the Previous Order, nor does it prevent the adjudication of this hearing.
19The College argued that there is no evidence before the Panel supporting the claims of impecuniosity; only submissions by counsel. The College also noted that the terms, conditions and limitations imposed in the Previous Order are not entirely monetary, but include substantial requirements for remedial training, mandatory courses, and mentorship obligations, each carrying modest costs. Further, the College contended that, even if impecuniosity were established, it would not warrant non-compliance with the Previous Order.
20The College argued that proceeding with the hearing serves the public interest. Although the allegations are lengthy, they are straightforward; Ms. Bijanzadeh has not complied with the requests made of her, and there appears to be no reason the matter cannot be adjudicated. The College also noted that nothing prevents Ms. Bijanzadeh from bringing a motion to vary the Previous Order.
IV. Reasons for the Order
21For the purposes of this motion, namely, to adjourn the hearing to June 10, 2026, Ms. Bijanzadeh has the onus of proving on a balance of probabilities that the relief sought is necessary.
22This motion was heard in accordance with Rule 5.02 of the Rules and s. 21 of the Statutory Powers Procedure Act.
23In deciding whether to grant the adjournment request, the Panel considered the factors identified by Independent Legal Counsel, including: the public interest; the Registrant's right to a fair hearing; prior adjournments; any evidence of process manipulation or deliberate delay; the impact of granting or refusing the adjournment on the proceeding; and potential prejudice to either party.
24In granting the adjournment, the Panel considered the public interest. The Panel notes that Ms. Bijanzadeh is not currently engaged in practice due to the cancellation of her Certificate of Registration for non-payment, thereby reducing any potential risk to the public should the matter be adjourned. This circumstance differs from cases where a registrant continues to practice despite allegations of non-compliance with previous discipline orders. The Panel finds no risk to the public in granting the adjournment.
25Furthermore, the Panel finds that the College will not suffer prejudice from the delay.
26In granting the adjournment, the Panel considered the length of the adjournment requested. Ms. Bijanzadeh proposed to proceed on June 10, 2026, with a motion to vary the Previous Order and, if that motion is unsuccessful, to continue with the hearing on the merits. The Panel finds the delay to be short and is encouraged by the commitment to proceed on the specified date. Accordingly, the June 10, 2026 hearing date has been marked as a peremptory date for both parties for the motion and the hearing.
27While Ms. Bijanzadeh had previously requested and been granted an adjournment in October 2025, the Panel notes that she has since retained new counsel who is representing her pro bono. The new counsel acknowledged responsibility for the delay in bringing the motion to vary the Previous Order, and the last-minute nature of this adjournment request. The Panel accepts the explanation of oversight by counsel and agrees that a short adjournment of three months is appropriate in the circumstances. The Panel is satisfied that Ms. Bijanzadeh is not manipulating the process or deliberately causing delay.
28For the reasons set out above, the motion to adjourn the hearing in this matter is granted.
I, Chris Aljawhiri, R.Ph., sign these reasons for the order as Chair of this Discipline Panel and on behalf of the members of the Discipline Panel as listed below.
"Chris Aljawhiri" March 26, 2026
Chair Date
Panel Members
Scott Ford, R.Ph., Elected Director Sivajanan Sivapalan, R.Ph., Elected Director Danny Paquette, Public Director Devinder Walia, Public Director