Examining board not entitled to grant fifth opportunity to prospective pharmacist to write licensing exam

Ontario civil | Administrative Law

Prerequisites to judicial review

Jurisdiction of court to review

Examining board not entitled to grant fifth opportunity to prospective pharmacist to write licensing exam

Applicant A was prospective pharmacist. Respondent examining board would not grant A 5th opportunity to write licensing examination. A applied for judicial review of board’s decision. Application dismissed. Decision of board was not reviewable. Board did not violate any of its own processes, but only set out limit for writing examination at 4 attempts. Board was not empowered to grant A 5th attempt.
Aljawhiri v. Canada (Pharmacy Examining Board) (2017), 2017 CarswellOnt 6270, 2017 ONSC 2609, Kiteley J., Taylor J., and Matheson J. (Ont. Div. Ct.).