Not Vague and Unenforceable

In Francis v Newfoundland and Labrador Pharmacy Board, 2018 NLSC 248, http://canlii.ca/t/hwgdr a group of pharmacists tried a second time to challenge the validity of provisions in the regulator’s standards of practice and by-laws. Their challenge was that the provisions dealing with the following were too vague and were unenforceable:

  • A requirement for pharmacies to be connected to a provincial database;
  • A requirement to have equipment to scan documents;
  • A requirement for pharmacists to have a patient consultation area;
  • The authority for the regulator to issue a conditional licence as one of its registration options;
  • Adding the charging of excessive fees to the definition of professional misconduct; and
  • Adding practising in a conflict of interest to the definition of professional misconduct.

In a previous application for an interim injunction to prevent the provisions from taking effect, a court had upheld each of these provisions either on their merits or because the issue was moot for the practitioners bringing the proceeding: Francis v Newfoundland and Labrador Pharmacy Board, 2016 CanLII 97222 (NL SC), <http://canlii.ca/t/gx7bn>. In the present case the Court held that the practitioners could not re-litigate the issues in a different proceeding.

More Posts

Incivility, and Sanctioning for It

At some point for most professions, rudeness can cross the line from simply being unseemly to constituting professional misconduct. For lawyers advocating fearlessly on behalf

The Importance of Engaging with the Issues

The importance of addressing the significant issues raised when screening complaints was reinforced in Sarpong v Law Enforcement Complaints Agency, 2026 ONSC 3525 (CanLII). There,

Failed Delivery

In Real Estate Council of Alberta v More, 2026 ABKB 459 (CanLII), the regulator received several complaints about a former registrant’s conduct which raised serious