Roberto Luca Barbiero

This is a costs endorsement following an appeal from orders of the Superior Court of Justice dated June 26, 2017 and March 6, 2018.

The appellants were unsuccessful in their appeal.

The Court of Appeal awarded costs to the appellants on a partial indemnity scale in the amount of $25,000 inclusive of disbursements and HST.

The appellants appealed a contempt sentencing order from the Superior Court.

The respondent had brought an action claiming monies advanced to the appellants were not properly disbursed and that the appellants lacked a proper accounting system.

An interim order required the appellants to account for monies received, disclose documents to an appointed accounting firm, and pay unpaid accounts.

The appellants were found in contempt for failing to comply with the accounting and disclosure requirements.

On appeal, the appellants did not contest the contempt finding but challenged the sentencing as based on an erroneous finding that they had not purged their contempt and as disproportionate.

The Court of Appeal allowed the appeal in part, finding the motion judge erred in refusing to admit fresh evidence regarding purge of contempt, and that the sentence was disproportionate.

A pharmacist challenged the Ontario College of Pharmacists' jurisdiction to prosecute discipline charges after the College failed to comply with mandatory statutory timelines for processing a written complaint under section 25 of the Health Professions Procedural Code.

Instead, the College accepted the complainant's withdrawal and proceeded with a registrar-initiated investigation under section 75.

The Divisional Court quashed the charges, finding the College lost jurisdiction through non-compliance.

The Court of Appeal reversed, holding that written complaints may be withdrawn when the College agrees and the matter proceeds through another statutory process with full procedural safeguards.

The court balanced the public interest in regulating the profession against the accused member's fair hearing rights, finding no procedural unfairness or prejudice to the respondent.