Hussein v. College of Pharmacists (Ont.), (1990) 41 O.A.C. 373 (DC)

• Judge: O'Driscoll, O'Leary and Steele, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: September 24, 1990
• Jurisdiction: Ontario
• Citations: (1990), 41 O.A.C. 373 (DC)

Hussein v. College of Pharmacists (1990), 41 O.A.C. 373 (DC)

MLB headnote and full text

Hakim Hussein (appellant) v. Ontario College of Pharmacists (respondent)

(213/89)

Indexed As: Hussein v. College of Pharmacists (Ont.)

Ontario Court of Justice

General Division

Divisional Court

O'Driscoll, O'Leary and Steele, JJ.

October 1, 1990.

Summary:

A registered pharmacist pleaded guilty before a disciplinary tribunal to a charge of professional misconduct resulting from fraud. The tribunal imposed the maximum suspension allowed (12 months) under s. 130(5) of the Health Disciplines Act. The pharmacist appealed pursuant to s. 13(2) of the Act.

The Ontario Court of Justice, General Division (Divisional Court), allowed the appeal and substituted a six month suspension.

Professional Occupations - Topic 2096

Pharmacists - Discipline - Punishments - Suspension - Hussein, a registered pharmacist, pleaded guilty to fraud in criminal court, was fined $50,000.00 and ordered to make full restitution, which he did - He also pleaded guilty to professional misconduct before a disciplinary tribunal - Among pharmacists, Hussein was held in high regard - The Ontario Divisional Court held that the maximum suspension (12 months) of the pharmacist's licence was inappropriate in the circumstances and substituted a six month suspension.

Statutes Noticed:

Health Disciplines Act, R.S.O. 1980, c. 196, sect. 13(2) [para. 1]; sect. 130(5) [para. 3].

Counsel:

Edward L. Greenspan, Q.C., for the appellant;

Philip D. Isbister, Q.C., for the respondent.

This appeal was heard before O'Driscoll, O'Leary and Steele, JJ., of the Ontario Court of Justice, General Division (Divisional Court), on September 24, 1990. The decision of the Divisional Court was delivered orally by O'Driscoll, J., and released on October 1, 1990.