Sunday, February 23, 2014

Ontario College of Pharmacists v. 1724665 Ontario Inc (DOB Global Pharmacy)  2013 ONCA 381 is an important case and the first one to consider the impact of international internet pharmacies and the ability of a provincial regulatory college to regulate them.  A call centre operating in Ontario arranged for prescription drugs manufactured mostly in India to be delivered to patients in the USA.   The call centre referred to itself as a "pharmacy"  and used other prohibited words such as "pharmacist" and "drug".  The drugs did not enter Canada.  The corporate entities running this business and their employees were not licensed in Ontario.  The argument was that they were not selling prescription drugs within Ontario because the drugs did not enter Canada, the patients were in the USA among other things.  The OCA upheld the trial judge's conclusion that there was a sufficient connection to Ontario to ground the Ontario College of Pharmacists' jurisdiction over the business.

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