In a landmark decision, Justice Indra Charles dismissed the Judicial Review application of Michelle Finlayson which sought to question the authority of the Pharmacy Council to rescind earlier licensures and registrations given to McHari graduates. The Court found in a sweeping ruling that the Council’s power was not fettered by the decision of the earlier Council that licensed the graduates.
The Ruling of Justice Charles also confirmed that the Council had a duty to comply with section 9 of the Pharmacy Act and that the university that offered the degrees must be “accredited”. Having found that McHari was not accredited, the Court drew a distinction between an approved or registered college.
The Ruling is a must read on the current state of the law on legitimate expectation as well as the right of a Council to reverse its earlier decision.
The Council was represented by Raynard Rigby and Christoper Francis of Baycourt Chambers.
