Regulatory Jurisdiction

A recent Ontario Superior Court case gives some interesting guidance on regulatory jurisdiction over Internet activities. Civil jurisdiction is not completely resolved, but there are lots of cases, and criminal jurisdiction is also ‘known’ to some extent. What regulators can do or should do is often harder. I speculated a bit on that topic in a presentation on jurisdiction a few years ago: www.euclid.ca/jurisdiction2005.ppt (pages 15 – 20).

In Ontario College of Pharmacists v. 1724665 Ontario Inc., 2013 CanLII 13655 (ON SC), the court held that a call centre in Ontario that was acting for a company in Belize taking orders for drugs made in China for delivery to patients in the United States was carrying on the practice of pharmacy in Ontario to the degree that the Ontario regulator had jurisdiction over it. The College of Pharmacists was given the injunction it had sought against the call centre.

A write-up of the case is found in a newsletter from the law firm of Steinecke Maciura LeBlanc.

Does that result seem realistic to you, or will it create difficulties in practice in future cases?

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