Supreme Court of Canada Upholds College of Pharmacists Ban on Incentives

The Supreme Court of Canada has refused to hear an appeal brought in the case of Sobeys West Inc. et. al. v. College of Pharmacists of British Columbia.

In that case, the College in 2013 adopted bylaws prohibiting pharmacists from making incentive programs available to customers in order to induce them to purchase pharmacy services, drugs or devices from particular pharmacies.  The applicants are pharmacies offering customer benefits and loyalty programs to customers.  The applicants brought a petition to quash the College bylaws.  The applicants were successful in their petition at the Supreme Court of British Columbia, which struck down the bylaws as being overbroad and unreasonable.  The College appealed to the Court of Appeal for British Columbia, which allowed the appeal and reinstated the College bylaws (2016 BCCA 41).  The applicants sought leave to appeal to the Supreme Court of Canada.  The Supreme Court of Canada’s refusal to hear an appeal means that the College bylaws prohibiting incentive programs remain in place.

Here you can find the Supreme Court of Canada summary.