Shoppers Ruling Granted Leave to Appeal
The Ontario Court of Appeal granted leave recently to hear an appeal of Shoppers Drug Mart Inc. v. Ontario, a judicial review by the Ontario Superior Court holding that private product label regulations in s. 12.02 of Ontario Regulation 201/96 to the Ontario Drug Benefit Act (“ODBA”) and s. 9 of Ontario Regulation 935 of the Drug Interchangeability and Dispensing Fee Act (“DIDFA”) were ultra vires and of no force and effect.
Ontario has enacted sweeping reforms of the drug system in the province in the past year. The regulations discussed here prevented “private label” products from being sold . . . [more]


