The applicant pharmacist sought judicial review of a decision by the Inquiries, Complaints and Review Committee (ICRC) of the Ontario College of Pharmacists to issue an oral caution and require a remediation program following dispensing errors.
The applicant argued the decision was unreasonable and the remedial measures were unduly harsh.
The Divisional Court dismissed the application, finding the ICRC's decision was transparent, intelligible, and justified based on the applicant's failure to exercise due diligence when dispensing a 'red flag' medication.
The court also held that the caution and educational requirements were remedial in nature, not punitive, and were appropriate in the circumstances.
