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ARTICLE · 22 APRIL 2022

The Fine Line: Adding Particulars To An Existing Complaint vs Bringing Forward An Entirely New Complaint

Can a hearing tribunal permit a complaints director to add new allegations to a notice of hearing during a hearing? As the Alberta Court of Appeal recently clarified...

CanadaLitigation, Mediation & Arbitration

Can a hearing tribunal permit a complaints director to add new allegations to a notice of hearing during a hearing? As the Alberta Court of Appeal recently clarified in  Alsaadi v Alberta College of Pharmacy, 2021 ABCA 313 (Alsaadi), in most cases, the answer will be “no”.

Background

In Alsaadi,  the Alberta College of Pharmacy (the College) received a complaint of unauthorized access to medical records by the regulated pharmacist (the Complaint). The College commenced an investigation and the matter was sent to a hearing.

During the middle of the hearing, the Complaints Director applied to add “further particulars” of Count 7, which alleged a failure to cooperate and to be honest during the investigation, to the Notice of Hearing. The Hearing Tribunal granted the request, a decision upheld by the Panel of Council of the College. The regulated member appealed.

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