BCCA GRANTS LEAVE TO APPEAL A PENALTY DECISION

The BCCA has granted leave to appeal to the Court of Appeal, a decision from the BCSC upholding a discipline committee's decision to cancel registration to practice pharmacy in Farbeh v. College of Pharmacists of B.C. 2015 BCCA 348.  Ms. Farbeh argues that the panel did not adequately consider whether she could safely practice as a pharmacist under conditions, especially since she practiced pharmacy without any problems for 7 years before the events in question.  The BCCA granted leave to appeal on the basis that there is some prima facie merit to the appeal (para. 17) and the Court may clarify the extent to which deference to the tribunal precludes consideration of whether alternatives to cancellation have been sufficiently considered and whether the severity of the discipline can be reviewed to determine whether it falls within a range of comparable cases (para. 14).