Xaidsart lawyers Brian Gover, Aaron Dantowitz and Ben Kates successfully represented the Ontario College of Pharmacists in an appeal that overturned a decision of the Divisional Court. At issue was whether the College was entitled to accept the withdrawal of a public complaint and proceed with another statutorily authorized procedure, namely a Registrar-initiated investigation. In allowing the appeal, the Court of Appeal accepted the submission that because there was no procedural unfairness to the Member, the College’s choice to accept the withdrawal of the complaint and proceed with a Registrar-initiated process could not be criticized. The decision is available here.
