Supreme Court of British Columbia agrees with EKB that injunctions can be available against the Provincial Crown in pharmacy case

In representing a pharmacy on judicial review in relation to an audit conducted by PharmaCare, the Supreme Court of British Columbia agreed with EKB’s and determined that a stay of proceedings (an injunction) was available against the Provincial Crown despite the Crown Proceeding Act prohibiting the granting of injunctive relief against the Crown. The court concluded that proceedings brought against the Provincial Crown under the Judicial Review Procedure Act were not captured by the prohibition in the Crown Proceeding Act as judicial review proceedings do not involve a claim against the Crown, but a review of the Crown’s decision.

This is an important decision that has application to any number of administrative law and regulatory proceedings involving the Provincial Crown.

Northburn Prescriptions Ltd. v. British Columbia, 2014 BCSC 2124

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