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Administrative - Investigative

. Rak v. Ontario College of Pharmacists

In Rak v. Ontario College of Pharmacists (Div Court, 2022) the Divisional Court considered informal administrative investigative powers:
[37] We see no error in the Committee’s conclusion that the investigation was lawful. In Rassouli-Rashti v. College of Physicians and Surgeons of Ontario, 2009 CanLII 62055, this Court held that regulators have an implied authority to do an informal investigation where they do not need the powers accompanying a formal appointment to investigate. When the investigators observed the appellant in their visit in early August, they made observations, but they did not use any of the powers that accompany a s. 75 appointment.

[38] Moreover, the appellant mistakenly relies on Gore v. College of Physicians and Surgeons of Ontario, 2009 ONCA 546, which does not stand for the proposition that all observations of a member’s practice require a formal appointment. There, the issue was the inspector’s authority to observe surgery while acting under a formal appointment to investigate.
. Dr. Rajiv Maini v. HPARB et al.

In Dr. Rajiv Maini v. HPARB et al. (Div Court, 2022) the Divisional Court in a judicial review considered fairness in relation to investigative administrative proceedings:
[25] The duty of procedural fairness at the investigative stage is limited. The ICRC exercises a screening and not an adjudicative function. The Committee does not conduct hearings nor listen to witnesses but decides issues before it on paper-based reviews. It does not find whether professional misconduct is warranted, and it has no authority to order sanctions or penalties. Its function is to screen the results of an investigation and determine whether the matter should be referred for adjudication, or whether some other remedy is appropriate, such as a requirement for educational upgrading (Code, s. 26(1) and (3); Silverthorne v. Ontario College of Social Workers and Social Services Workers, 2006 CanLII 10142 (Ont. Div. Ct.), paras. 13-18; Botros v. College of Physicians and Surgeons (Ontario), [2007] O.J. No. 3156 (Div. Ct.), paras. 30-31).

[26] This Court has recognized that “The standard of disclosure at the screening or investigative stage has been held to require adequate notice to ensure that a member has sufficient information to answer the case against him or her. It has also been held that it is adequate at the investigative stage for the member to know the allegations or substance of the complaint against him or her, not all of the information obtained during the course of the investigation.” (Gopinath, para. 12)


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