The Supreme Court of Canada recently upheld in Katz Group Canada Inc. v. Ontario the decision by the Ontario Court of Appeal in finding that the Drug Interchangeability and Dispensing Fee Act Regulations, R.R.O. 1990, Reg. 93, s. 9 and Ontario Drug Benefit Act Regulation, O. Reg. 201/96, s. 12.0. were not ultra vires. The regulations in question had the effect of banning private label pharmaceuticals in Ontario.
The facts were set out by Justice Abella as follows:
 The sale and pricing of generic drugs is provincially regulated. In Ontario, two complementary and intersecting statutes were introduced
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