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CBA Health Law Section

CBA Health Law Section articles are published under the banner Pulse. Members interested in posting articles are encouraged to send them to the Section’s editor.

Editor: Julie LeBlanc Hultberg


Case digest: Sobeys West Inc. v. Alberta College of Pharmacists

  • April 26, 2016
  • Scott J. Marcinkow

The applicant, Sobeys West Inc., sought judicial review of new regulations adopted by the respondent, the Alberta College of Pharmacists. The court decided the standard of review was correctness even though the parties agreed the standard of review was reasonableness.

Health Law

Case digest: Hefnawi v. Health Care Practitionners Special Committee for Audit Hearings

  • April 22, 2016
  • Joel A. Morris

The appellant, a doctor of podiatry, was enrolled with the Medical Services Plan. The appellant was audited by the Ministry of Health Billing Integrity Program. Following the audit, the Medical Services Commission issued notices under the Medicare Protection Act, RSBC 1996, c. 286, seeking recovery of approximately $892,000 together with a statutory surcharge, interest, and costs, and indicated an intention to cancel the appellant's enrolment in MSP.

Health Law

Case summary: Community Outreach Pharmacy Ltd. v. British Columbia (Minister of Health), [2015] B.C.J. No. 2919

  • March 14, 2016
  • Lindsay R. Johnston

The petitioner pharmacy, in a judicial review petition for an interlocutory injunction, sought two orders in the nature of certiorari quashing the decision of the Ministry of Health: (i) that the petitioner owes $1,392,405.85 to the Province of B.C. and (ii) to refuse to enrol the pharmacy in the PharmaCare program pursuant to the Pharmaceutical Services Act.