Discipline Decisions

Discipline Decisions (July 2022)

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Decisions of the Discipline Committee between January 2022 and June 2022.


Michael El Raheb (OCP #218741)

At a hearing on April 4, 2022, a Panel of the Discipline Committee made findings of professional misconduct against Mr. El Raheb, while engaged in the practice of pharmacy as owner, director, shareholder, and/or dispensing pharmacist at Westboro Pharmasave in Ottawa, Ontario, in that he:

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  • Submitted (or permitted, consented to, or approved, expressly or by implication, the submissions of) claims with excessive markups for one or more of certain identified drugs and/or products from in or about November 1, 2016 to in or about April 30, 2018;
  • Submitted (or permitted, consented to, or approved, expressly or by implication, the submissions of) claims to multiple plans where one or more of those plans was not obligated to pay the claim (or the full amount of the claim) for one or more of certain identified drugs and/or products from in or about November 1, 2016 to in or about April 30, 2018; and/or
  • Submitted (or permitted, consented to or approved, expressly or by implication, the submissions of) claims for dispensing fees for compliance packages at more frequent intervals than the compliance packages were being dispensed for one or more patients from in or about May 1, 2018 to in or about April 24, 2019.

In particular, the Panel found that he:

  • Failed to maintain a standard of practice of the profession;
  • Failed to keep records as required;
  • Falsified, or permitted, consented to or approved the falsification of, a record relating to a person’s health record;
  • Signed or issued, or permitted, consented to, or approved the signing or issuance of, a document he knew or ought to have known contained a false or misleading statement;
  • Submitted, or permitted, consented to, or approved the submission of, an account or charge for services and products that he knew or ought to have known was false or misleading;
  • Charged, or permitted, consented to, or approved the charging of, a fee or amount that was excessive in relation to the service or product provided;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. Directing the Registrar to suspend the Registrant’s certificate of registration for a period of 18 months with one month to be remitted on the condition that the Registrant completes the remedial training specified in subparagraph 3(a) within 12 months of the date of the Order;

3. Directing the Registrar to impose specified terms, conditions or limitations on the Registrant’s certificate of registration, including:

a. The Registrant must successfully complete, with an unconditional pass, at his own expense and within 12 months of the date of this Order, the ProBE Program on professional/problem-based ethics for health care professionals offered by the Centre for Personalized Education for Professionals;

b. For a period of three (3) years from the date of this Order, the Registrant shall be prohibited from having any proprietary interest in a pharmacy of any kind and/or receiving remuneration for his work as a pharmacist other than remuneration on an hourly or weekly basis;

c. For a period of three (3) years from the date of this Order, the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy;

d. For a period of three (3) years from the date of this Order, the Registrant shall be required to notify the College in writing of the names(s), address(s) and telephone numbers(s) of all employer(s) within fourteen (14) days of commencing employment in a pharmacy;

e. For a period of three (3) years from the date of this Order, the Registrant shall provide his pharmacy employer with a copy of the Discipline Committee Panel’s decision in this matter and its Order; and

f. For a period of three (3) years from the date of this Order, the Registrant shall only engage in the practice of pharmacy for an employer who agrees to write to the College within fourteen (14) days of the Registrant commencing employment, confirming that it has received a copy of the required documents identified in subparagraph 3(e), and confirming the nature of the Registrant’s remuneration;

4. Costs to the College in the amount of $20,000.00.

In its reprimand, the Panel noted that the practice of pharmacy is a privilege that carries with it significant obligations to the public, the profession, and oneself. As a pharmacist, the Registrant failed in his professional obligation to conduct himself in a manner that is respectable, responsible, and maintains public confidence.

The Panel noted that integrity and trust are paramount to the profession of pharmacy. This is evidenced by the fact that relationships with the publicly funded drug program and third party payors rely heavily on good faith submissions. The frequency and volume of these fraudulent billings clearly demonstrates a deliberate disregard and abuse of this system.

The Panel observed that the result of the Registrant’s misconduct is that he has let down the public, the pharmacy profession, and himself. The Panel expressed its expectation that the Registrant will use this as an opportunity to learn from and improve his professional practice, and that he will not appear again in front of a Discipline panel.


Diep Nguyen (OCP #98949)

At a hearing on April 11, 2022, a Panel of the Discipline Committee made findings of professional misconduct against Diep Nguyen, while engaged in the practice of pharmacy as director, shareholder, owner, Designated Manager, and/or dispensing pharmacist at River Hill Pharmacy in Toronto, Ontario, with respect to:

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  • False or unsubstantiated claims submitted to [Insurance Provider] from the Pharmacy in or about January 2017 to in or about December 2017 totaling approximately $16,427.40 for seven identified drugs, or any of them.

In particular, the Panel found that the Registrant:

  • Failed to maintain a standard of practice of the profession;
  • Failed to keep records as required respecting his patients or practice;
  • Falsified a record relating to his practice;
  • Signed or issued, in his professional capacity, a document he knew or ought to have known contained a false or misleading statement;
  • Submitted an account(s) or charge(s) for services that he knew and/or ought to have known was false or misleading;
  • Contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability and Dispensing Fee Act or the Ontario Drug Benefit Act or the regulations under those Acts, and in particular:
    • sections 155, 163, and 166 of the Drug and Pharmacies Regulation Act; and
    • sections 18, 19, and 20 of Ontario Regulation 264/16;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as dishonourable or unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. That the Registrar is directed to impose specified terms, conditions or limitations on the Registrant’s Certificate of Registration as follows:

a. That the Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of this Order, the ProBE Program on Professional/Problem Based Ethics offered by the Center for Personalized Education for Professionals;

b.The Registrant shall be prohibited from acting as a Designated Manager or having proprietary interest at any pharmacy for a period of two (2) years from the date of this Order; and

c. For a period of two (2) years from the date of this Order, the Registrant shall only work for an employer who confirms to the College in writing that they have been provided with a copy of:

i. the Notice of Hearing in this matter;

ii. this Order; and

iii. the panel’s reasons for decision in this matter, when available.

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of six (6) months with one (1) month of the suspension to be remitted on condition that the Registrant successfully complete the remedial training as specified in paragraph 2(a), above. The suspension shall commence April 11, 2022, and shall continue without interruption until September 10, 2022, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirement specified in paragraph two, that portion of the suspension shall commence on April 12, 2023, and continue without interruption until May 11, 2023, inclusive. If the time for completing the remedial steps in paragraph 2(a) is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly.

4. Costs to the College in the amount of $10,000.00.

In its reprimand, the Panel noted that the Registrant is a member of this highly respected profession of pharmacy, where integrity and trust are paramount as pharmacists provide care to the public. In return, pharmacists are held in high regard for the role they play in the provision of healthcare in Ontario.

The Panel indicated that members of the profession would find the Registrant’s conduct to be dishonorable and unprofessional.

The Panel observed that it is a privilege, not a right, to practice pharmacy. The Panel expressed its expectation that the Registrant will practice with personal and professional integrity, and that he will never again appear before a Panel of the Discipline Committee.


Abdulmalik Premji (OCP #74950)

At a hearing on April 14, 2022, a Panel of the Discipline Committee made findings of professional misconduct against Abdulmalik Premji, while practising pharmacy as Designated Manager, director and shareholder, and/or dispensing pharmacist at Bay Ridges Pharmacy in Pickering, Ontario, in the period from about October 2018 to July 2019, in that he:

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  • Practised while in a conflict of interest with respect to patient [Name]; and/or
  • Failed to maintain the professional boundaries of the pharmacist-patient relationship with respect to patient [Name].

In particular, the Panel found that he:

  • Failed to maintain a standard of practice of the profession;
  • Practised the profession while in a conflict of interest;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. That the Registrar is directed to impose specified terms, conditions or limitations on the Registrant’s certificate of registration, and in particular:

a. That the Registrant complete an ethics course with Gail Siskind, or another professional ethics consultant chosen by the College, to be designed by the consultant, for the purpose of addressing the professional and ethical obligations arising in the Registrant’s case, within 12 months of the date of this Order, or provide proof that he has completed it within the 12 months preceding the date of this Order. The following terms shall apply to the course:

i. The number of sessions shall be at the discretion of the consultant, but shall be at least two meetings;

ii. The manner of attendance at the session(s) (e.g. in person, via Skype, etc.) is a matter to be discussed in advance between the Registrant and the consultant, but shall ultimately be at the discretion of the consultant;

iii. The Registrant shall be responsible for the cost of the course;

iv. The Registrant will request a report from the consultant confirming that the Registrant has completed the course to the satisfaction of the consultant, and provide the report to the College.

3. Costs to the College in the amount of $10,000.00.

In its reprimand, the Panel noted that the profession of pharmacy is a noble one, where registrants of the College of Pharmacists are required to follow ethical principles and standards of practice while serving and protecting the public interest.

The Panel observed that the Registrant failed to maintain the standards of practice of the profession, practiced while in conflict of interest with respect to a patient, and failed to maintain the professional boundaries of the pharmacist-patient relationship that is expected of the profession.

The Panel expressed its hope that the Registrant will take this opportunity to reflect upon and learn from this experience so that he never again has to appear before this Discipline Committee.


Anhal Yacob (OCP #204896)

As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Anhal Yacob, while engaged in the practice of pharmacy as director, shareholder, owner, Designated Manager, and/or dispensing pharmacist at College Centre Pharmacy located at 528 College Street in Toronto, Ontario (the Pharmacy), committed professional misconduct in that he:

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a. Submitted false or unsubstantiated claims to [Insurance Provider]:

i. between approximately December 1, 2017 and January 31, 2019 for one or more of certain identified products; and/or

ii. for one or more of certain identified prescriptions that were not actually dispensed to patients;

b. Falsified records between approximately December 1, 2017 and January 31, 2019 in respect of one of more of certain identified products and/or in respect of one or more of certain identified prescriptions.

In particular, it is alleged that he:

  • Failed to maintain the standards of practice of the profession;
  • Falsified records relating to his practice;
  • Signed or issued, in his professional capacity, a document he knew or ought to have known contained a false or misleading statement;
  • Submitted an account(s) or charge(s) for services that he knew and/or ought to have known were false or misleading;
  • Failed to keep records as required respecting his patients or practice;
  • Contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability and Dispensing Fee Act or the Ontario Drug Benefit Act or the regulations under those Acts, and in particular:
    • sections 155, 163, and 166 of the Drug and Pharmacies Regulation Act; and/or
    • sections 18, 19, and 20 of Ontario Regulation 264/16;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable or unprofessional.

Mr. Yacob entered into an Acknowledgment and Undertaking while a discipline hearing into the allegations of professional misconduct against him was pending before the Discipline Committee, by which he agreed to permanently resign as a member of the College and to no longer have any proprietary interest in any pharmacy.

The College and Mr. Yacob made a joint submission to the Discipline Committee to stay the allegations of professional misconduct against Mr. Yacob. On the basis of the Acknowledgment and Undertaking, the Discipline Committee accepted the submissions of the parties and issued an order dated April 19, 2022, staying the allegations against Mr. Yacob.


Shoukry Koussa (OCP #617995)

At a hearing on January 13, 2022, a Panel of the Discipline Committee made findings of professional misconduct against Shoukry Koussa (the Registrant) in that he:

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  • Failed to report to the College’s Registrar, four charges laid against him pursuant to the Criminal Code of Canada on April 21, 2018, as required by Section 5, paragraph 1 of Ontario Regulation 202/94 under the Pharmacy Act, 1991, within 30 days as required by College By-Laws, from on or about May 21, 2018, to on or about March 10, 2019;
  • Failed to report to the College’s Registrar, two guilty findings made against him under the Criminal Code of Canada on September 3, 2019, as required by Section 5, paragraph 1 of Ontario Regulation 202/94 under the Pharmacy Act, 1991, within 30 days as required by College By-Laws, from on or about October 3, 2019, to on or about March 3, 2020, and/or as soon as reasonably practicable after receiving notice of the findings of guilt as required by section 85.6.1 of the Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, from on or about September 3, 2019, to on or about March 3, 2020;
  • Committed one count of assault, contrary to section 266 of the Criminal Code of Canada, on or about April 21, 2018, resulting in his third time being found criminally guilty for this charge;
  • Knowingly uttered a threat to cause death, contrary to section 264.1(1) (a) of the Criminal Code of Canada, on or about April 21, 2018, resulting in a guilty finding for this charge.

In particular, the Panel found that he:

  • Contravened a term, condition or limitation imposed on his certificate of registration;
  • Contravened the Regulated Health Professions Act, 1991, and/or a regulation under the Pharmacy Act, 1991;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances would reasonably be regarded members as unprofessional;
  • Engaged in conduct that is unbecoming of a member.

Following findings of professional misconduct made on January 13, 2022, the Panel imposed an Order in a decision dated April 22, 2022, as follows:

1. A reprimand;

2. That the Registrar be directed to suspend the Registrant’s Certificate of Registration for a period of eight months with 2 months to be remitted upon completion of the remedial term in subparagraph 3(a) below. The suspension shall commence on the date that this Order becomes final, and continue for six months, inclusive. If the remitted portion of the suspension is required to be served, it shall commence 12 months from the date on which this Order becomes final and continue for two months, inclusive.

3. That the Registrar is directed to impose specified terms, conditions or limitations on the Registrant’s Certificate of Registration, and in particular:

a. That the Registrant complete an ethics course with Gail Siskind, or another professional ethics consultant chosen by the College, to be designed by the consultant, for the purpose of addressing the professional and ethical obligations arising in the Registrant’s case, within 12 months of the date of this Order. The following terms shall apply to the course:

i. the number of sessions shall be at the discretion of the consultant, but shall be at least two meetings;

ii. the manner of attendance at the session(s) (e.g. in person, via Skype, etc.) is a matter to be discussed in advance between the Registrant and the consultant, but shall ultimately be at the discretion of the consultant;

iii. the Registrant shall be responsible for the cost of the course;

iv. successful completion of the course will include completion of an essay acceptable to the Registrar, the essay shall address the professional misconduct issues arising in this case;

v. the Registrant will request a report from the consultant confirming that the Registrant has completed the course to the satisfaction of the consultant, and provide the report to the College.

4. Costs to the College in the amount of $10,000.00.

The reprimand in this matter was administered on June 28, 2022.

In its reprimand, the Panel noted that the Registrant is a member of the profession of pharmacy, which is a highly respected profession within the healthcare system and the community at large.

The public has high expectations for those who choose to practise pharmacy and these expectations are not limited to the four walls of a pharmacy. The public expects pharmacists to act with integrity and trust in the day-to-day aspects of their practice as well as in their day-to-day lives. If a pharmacist chooses not to do so, they will be held accountable. The Panel expressed its view that the Registrant’s conduct demonstrates a failure to understand and fulfil his ethical obligations – on and off the job.

The Panel observed that the mandatory reporting requirements of the Ontario College of Pharmacists rely heavily on the honour system. Any violation of that premise is of significant concern to both the College and the public. The process is not open to the interpretation of the Registrant as to what should be reported, and any information that may pose a risk to the public must not be withheld. The onus and accountability to report truthfully, accurately, and in a timely manner is on the Registrant and the Registrant alone.

The Panel indicated that it was shocked by the Registrant’s feeling that the actions for which he has been convicted criminally are somehow personal and do not affect his practice. This the Panel finds to be reprehensible and something the Registrant needs to change. The Panel expressed its hope that the rehabilitation courses put forth will assist the Registrant in recognizing this fact, and that what he does in his personal life is indeed part of his public life as a pharmacist.

Even though the conduct in question is not directly related to the Registrant’s work as a pharmacist, it does reflect badly on the profession of pharmacy. The Registrant failed to maintain the responsibilities and obligations expected of him as a member of this profession. He admitted to, and was found guilty of, a criminal offence as per the Criminal Code of Canada. He failed to live up to the standards that are expected of him by the profession, and the public he serves.

The Panel expressed its hope that the suspension and the ethics course will provide the Registrant with an opportunity to prevent this type of conduct from occurring in the future and to remediate his misconduct. The Panel indicated that it does do not expect to see the Registrant again before a panel of the Discipline Committee of the Ontario College of Pharmacists.


Alexander Chan (OCP #93637)

At a hearing on May 3, 2022, a Panel of the Discipline Committee made findings of professional misconduct against Alexander Chan, while practising pharmacy as a staff pharmacist and owner at [the Pharmacy], with respect to the following incidents:

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  • On or about [date], he sexually assaulted a volunteer at the Pharmacy, [Name];
  • On October 15, 2020, he was found guilty of sexual assault contrary to section 271 of the Criminal Code of Canada.

In particular, the Panel found that he:

  • Was found guilty of an offence that is relevant to his suitability to practice;
  • Engaged in conduct that is unbecoming of a Member.

The Panel imposed an Order, as follows:

  1. A reprimand;
  2. That the Registrar is directed to revoke the Registrant’s certificate of registration;
  3. Costs to the College in the amount of $10,000.00.

Mr. Chan entered into an Undertaking and Acknowledgment, effective May 3, 2022, while the discipline hearing into the allegations of professional misconduct against him was pending before the Discipline Committee. Pursuant to the Undertaking and Acknowledgment, Mr. Chan agreed that, upon his certificate of registration being revoked by the Discipline Committee, he would not seek future reinstatement of his certificate of registration.

In its reprimand, the Panel noted that Mr. Chan’s conduct was reprehensible and egregious.

The Panel further observed that Mr. Chan’s conduct was unbecoming a member of the College, and that he brought disgrace to the profession of pharmacy and to himself.

The Panel indicated that the severity of the order was appropriate. The Panel expressed its confidence that the mandatory revocation of Mr. Chan’s certificate of registration and his undertaking to never reapply to practice as a pharmacist will protect the public.


Pedro (Peter) Barreiro (OCP #217137)

At a hearing on June 1, 2022, a Panel of the Discipline Committee made findings of professional misconduct against Pedro (Peter) Barreiro with respect to two referrals from the Inquiries, Complaints and Reports Committee.

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Referral #1

The Panel found that the Registrant, as Designated Manager and sole director and shareholder of the corporation that owned and operated Shoppers Drug Mart, located in Ottawa, Ontario, committed professional misconduct in that he:

  • Maintained prescription hardcopies that were missing pharmacist signatures in respect of approximately 1267 transactions, from on or about 2015, to on or about September 10, 2018; and/or
  • Completed pharmacist-authorized prescription renewals for controlled substances that he did not have the authority to renew in respect of approximately 48 transactions, from on or about January 1, 2017, to on or about September 7, 2018; and/or
  • Completed pharmacist-authorized prescription renewals for which he maintained incomplete or insufficient documentation in respect of approximately 352 transactions, from on or about July 22, 2016, to on or about June 21, 2018; and/or
  • Submitted bills for MedsChecks transactions which he did not complete in respect of:

i. 44 MedsChecks billed on September 26, 2016; and/or

ii. 28 MedsChecks billed on September 30, 2016; and/or

iii. 26 MedsChecks billed on December 28, 2017; and/or

  • Failed to properly maintain MedsChecks documentation as required in respect of:

i. 44 transactions billed on or about September 26, 2016; and/or

ii. 28 transactions billed on or about September 30, 2016; and/or

iii. 26 transactions billed on or about December 28, 2017; and/or

iv. 40 transactions billed from on or about February 17, 2017, to on or about August 11, 2018; and/or

v. 12 MedsChecks Patient Acknowledgement Forms which were inaccurately dated or undated; and/or

  • Failed to document notification of, and/or notify patients’ primary care providers as required, with respect to 51 MedsChecks transactions, from on or about October 1, 2016, to on or about September 10, 2018; and/or
  • Failed to document notification of, and/or notify patients’ prescribers as required, with respect to 403 pharmacist-authorized prescription renewals, from on or about January 1, 2016, to on or about September 10, 2018; and/or
  • Failed to document notification of, and/or notify the prescriber of patient [Patient], as required, with respect to 18 pharmacist-authorized prescription renewals, from on or about December 4, 2017, to on or about April 2, 2018.

In particular, the Panel found that he:

  • Failed to maintain a standard of practice of the profession;
  • Failed to keep records as required respecting his patients;
  • Signed or issued, in his professional capacity, a document that he knew or ought to have known contained a false or misleading statement;
  • Submitted an account or charge for services or products that he knew or ought to have known was false or misleading;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as dishonourable and unprofessional.

Referral #2

The Panel found that the Registrant committed professional misconduct in that he:

  • Failed to report to the College that he had been charged with a criminal offence (having care and control of a motor vehicle while “over 80”, contrary to section 253(1)(b) of the Criminal Code) on May 22, 2013, and/or that he had been found guilty of that offence on May 29, 2014;
  • On his annual renewal form submitted on or about March 5, 2014, he falsely answered “no” on his 2014 College Annual Renewal Form, to the question “are you the subject of a current proceeding in respect of any offence in any jurisdiction?”; and/or
  • On his annual renewal form submitted on or about March 9, 2015, he falsely answered “no” on his 2015 College Annual Renewal Form, to the question “since your last declaration to the College, have you been found guilty of any offence in any jurisdiction?”

In particular, the Panel found that he:

  • Contravened a term, condition or limitation imposed on his certificate of registration;
  • Signed or issued, in his professional capacity, a document that the he knew contained a false or misleading statement;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as dishonourable and unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. Directing the Registrar to impose specified terms, conditions or limitations on the Registrant’s certificate of registration requiring that:

a. the Registrant successfully complete, at his own expense and within 12 months of the date of the order, the ProBE Program on Professional, Problem-Based Ethics;

b. the Registrant successfully complete, within 12 months of the date of the order and at his own expense, the “Safer Opioid Prescribing: A Multimodal Program for Chronic Pain and Opioids” course offered through the University of Toronto Faculty of Medicine;

c. The Registrant is required to comply with the following treatment plan for 24 months following the date this order becomes final:

i. Remain under the care of his physician, Dr. [Name] or her designate or another physician to be approved by the College [the “Physician”];

ii. Participate in ongoing monitoring by the Physician, which may include but is not limited to objective biologic testing as deemed appropriate by the Physician;

iii. Comply with all treatment recommendations of the Physician;

d. The Registrant shall provide a written authorization and direction to the Physician or their designate, within two weeks of the date of this Order, to:

i. File quarterly monitoring reports about the Registrant’s addiction and treatment with the College for the first year following the date of this order. Thereafter, reports will be filed with the College if and as deemed appropriate by the Physician or upon the request of the College;

ii. Immediately advise the College if the Registrant is not compliant with any portion of his treatment program;

iii. Immediately advise the College if the Physician or their designate is of the view that the Registrant’s medical condition poses a risk to the public;

e. The Registrant shall be prohibited from serving as a Designated Manager in any pharmacy until the date the College is notified that the Registrant has successfully completed the course and evaluation set out in paragraphs 2(a) and 2(b) above;

f. the Registrant shall provide notification to any of his employers in pharmacy regarding the disposition of this discipline proceeding, for a period of three years from the date of completion of the served suspension set out in paragraph 3 below, on the following terms:

i. the Registrant shall notify the College in writing of the name, address, and telephone number of any current or future employer, within fourteen (14) days of resuming any current employment or commencing any future employment in pharmacy;

ii. the Registrant shall provide his employer(s) in pharmacy with a copy of the Agreed Statement of Facts and this Joint Submission on Order, or the Decision and Reasons of the Discipline Committee in this matter, including this Order (when available), prior to resuming any current employment or commencing any future employment in pharmacy; and

iii. the Registrant shall only engage in the practice of pharmacy for an employer who agrees to advise the College in writing, within fourteen (14) days of the Registrant resuming any current employment or commencing any new employment with the employer, confirming that the Designated Manager of the employer’s pharmacy has received a copy of the documents set out in paragraph 2(b)(ii) above.

iv. The terms in clauses 2(f)(i), 2(f)(ii) and 2(f)(iii) shall apply even if the Registrant’s employment in the pharmacy is as a relief pharmacist.

3. Directing the Registrar to suspend the Registrant’s Certificate of Registration for a period of five (5) months, with one (1) month of the suspension to be remitted on condition the Registrant complete the remedial training program specified in paragraphs 2(a) and 2(b) above. The suspension shall commence on June 1, 2022, and continue without interruption until September 30, 2022, inclusive. If the remitted portion of the suspension has to be served, the further suspension shall commence on June 1, 2023, and continue without interruption until June 30, 2023, inclusive, unless the time for completing the remedial steps in paragraphs 2(a) and 2(b), above, is extended by the Registrar, in which case, the date the suspension shall commence, if required, shall be adjusted accordingly.

4. Costs to the College in the amount of $10,000.00.

In its reprimand, the Panel observed that pharmacy is a self-regulated profession, the practice of which is a privilege, and which comes with significant obligations to the public, the profession, and oneself.

The Panel noted that the Registrant neglected to maintain proper documentation and record keeping for prescriptions, prescription renewals, and MedsChecks. In addition, he authorized repeats on narcotics and controlled substances, for which he had no authority to do so. He also billed ODB for incomplete MedsChecks.

The Panel pointed out that it is the Registrant’s responsibility to truthfully and accurately report to the College, in a timely manner, any charge or conviction arising in any jurisdiction relating to any offence. The College relies heavily on this honour system. The fact that the Registrant did not truthfully report the charges pending against him or his finding of guilt on annual renewals is of significant concern to the College, the profession, and the public.

The Panel expressed its hope that by going through this discipline process, the Registrant has gained insight into his professional responsibilities and the issues surrounding his health. The Panel relayed its trust that he will benefit from the courses and treatment he has agreed to in this Order. The Panel indicated its expectation that the Registrant will uphold the standards of the profession with honour and integrity, and that he will not appear before a panel of the Discipline Committee again.


John Gerges (OCP #613990)

Allegations of professional misconduct were made against Mr. Gerges with respect to three referrals from the Inquiries, Complaints and Reports Committee.

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Referral #1

As a result of a referral by the Inquiries, Complaints and Reports Committee dated April 28, 2020, it is alleged that John Gerges, while engaged in the practice of pharmacy as director, shareholder, owner, Designated Manager, and/or dispensing pharmacist at Totten Pharmacy in Windsor, Ontario, and/or director, shareholder, owner, Designated Manager, and/or dispensing pharmacist at Jimmy’s Pharmacy in Toronto, Ontario, and/or director, shareholder, owner, Designated Manager, and/or dispensing pharmacist at Pacific Pharmacy in Toronto, Ontario committed professional misconduct in that he:

  • Submitted (or permitted, consented to or approved, expressly or by implication, the submissions of) charges for drugs and/or products that were never dispensed for one or more of certain identified drugs and/or products;
  • Falsified (or permitted, consented to or approved, expressly or by implication, the falsification of) pharmacy records regarding one or more of certain identified drugs and/or products;
  • Forged (or permitted, consented to or approved, expressly or by implication, the forgery of) prescriptions using a stolen prescription pad to support charges for one or more of certain identified drugs/and or products;
  • Failed to keep records as required regarding one or more of certain identified drugs and/or products; and/or
  • Submitted (or permitted, consented to or approved, expressly or by implication, the submissions of) charges for approximately 755 claims for drugs, products, and/or fees in excess of the allowable amounts and/or markups permitted by [Claims Adjudicator].

In particular, it is alleged that he:

  • Failed to maintain a standard of practice of the profession;
  • Failed to keep records as required respecting his patients and/or practice;
  • Falsified a record relating to his practice and/or a person’s health record;
  • Signed or issued, in his professional capacity, a document that he knew and/or ought to have known contained a false or misleading statement;
  • Submitted an account or charge for services and/or products that he knew and/or ought to have known was false or misleading;
  • Charged a fee and/or amount that was excessive in relation to the service and/or product provided;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

Referral #2

As a result of a referral by the Inquiries, Complaints and Reports Committee dated May 3, 2021, it is alleged that John Gerges, while engaged in the practice of pharmacy as director, shareholder, owner, Designated Manager, and/or dispensing pharmacist at Totten Pharmacy in Windsor, Ontario, and/or director, shareholder, owner, Designated Manager, and/or dispensing pharmacist at Mill Street Pharmacy in Tillbury, Ontario (collectively, the “Pharmacies”), and/or while engaged in conduct outside the Pharmacies, committed professional misconduct in that he:

  • Misappropriated, diverted, and/or sold without authorization one or more of certain identified controlled substances, including controlled substances obtained through one or more of the Pharmacies;
  • Misappropriated, possessed without authorization, and/or fabricated one or more prescription pads purportedly belonging to a regulated health professional and/or health facility; and/or
  • Misappropriated, possessed without authorization, and/or fabricated one or more prescriptions that falsely indicated that a physician had authorized the prescription.

In particular, it is alleged that he:

  • Contravened a federal, provincial or territorial law or municipal by-law with respect to the distribution, purchase, sale, or dispensing or prescribing of any drug or product, the administering of any substance, or the piercing of the dermis, whose purpose is to protect or promote public health, and/or that is otherwise relevant to his suitability to practise, and in particular:

a. Possession of a controlled substance for the purpose of trafficking, contrary to section 5(2) of the Controlled Drugs and Substances Act;

b. Possession of a forged document, contrary to section 368 of the Criminal Code;

c. Possession of the proceeds of crime exceeding $5,000, contrary to sections 354 and/or 355 of the Criminal Code; and/or

d. Failure to comply with a release order, contrary to section 145(5) of the Criminal Code;

  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and/or unprofessional;
  • Engaged in conduct that is unbecoming a member.

Referral #3

As a result of a referral by the Inquiries, Complaints and Reports Committee dated March 28, 2022, it is alleged that John Gerges, while engaged in the practice of pharmacy as the Director Liaison, Director, owner and/or shareholder of Mill Street Pharmacy located at 15 Mill Street East in Tilbury (the “Pharmacy”), committed professional misconduct in that he:

  • Failed to keep records as required respecting his patients or practice;
  • Contravened the Drug and Pharmacies Regulation Act (the “DPRA”) and/or regulations under the DPRA and/or by-laws under By-Law No. 6 of the Ontario College of Pharmacists (“By-Law No. 6”);
  • Failed to reply within a reasonable time to a written or electronic inquiry or request from the College;
  • Operated the Pharmacy without a Designated Manager;
  • Failed to provide the College with notification of a change in the Designated Manager of the Pharmacy and/or file a Change of Designated Manager Form within the prescribed time-period, or at all; and/or
  • Failed to provide the Registrar notice of the closing of the Pharmacy, and/or failed to submit a Pharmacy Closing Statement setting out the information required in by-law 17.4.1 of the By-Law No. 6, within the prescribed time-period, or at all.

In particular, it is alleged that he:

  • Failed to maintain a standard of practice of the profession;
  • Failed to keep records as required respecting his patients or practice;
  • Contravened the DPRA and/or the regulations under the DPRA, including but not limited to s. 141 and/or s. 146(1) and/or s.146(1.1) of the DPRA;
  • Failed to reply within a reasonable time to a written or electronic inquiry or request from the College;
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

Mr. Gerges entered into an Undertaking, Agreement, and Acknowledgment while discipline hearings into these allegations of professional misconduct against him were pending before the Discipline Committee, by which he agreed to:

  • permanently resign as a member of the College;
  • no longer have any proprietary interest, direct or indirect, in any pharmacy; and
  • never work or be employed in a pharmacy in any capacity, including but not limited to volunteering.

The College and Mr. Gerges made a joint submission to the Discipline Committee to adjourn the hearings of these matter sine die. On the basis of the Undertaking, Agreement, and Acknowledgment, the Discipline Committee accepted the submissions of the parties and issued an order on June 9, 2022, adjourning these matters sine die.

The full text of these decisions will be available at www.canlii.org.

CanLii is a non-profit organization managed by the Federation of Law Societies of Canada. CanLii’s goal is to make Canadian law accessible for free on the Internet.


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