The Court declined the Petitioner’s application for a stay of execution against the set-off by the Respondent Ministry of Health against monies allegedly owed by the Petitioner to the Respondent. The Respondent had determined that the Petitioner owed it the sum of $260,000 as a result of an audit by the Ministry of Health, Audit and Investigations Branch, in respect of unsupported or disallowed claims that had been previously paid by the Respondent. The Petitioner filed a petition for judicial review of the decision set out in the Respondent’s final audit report, seeking an interim stay pending the hearing of the petition. As a preliminary matter, the Court noted it had the jurisdiction to issue a stay of execution but declined to do so as the Petitioner had not met the onus of showing it would suffer irreparable harm that could not be compensated in damages if the stay was not granted.

23. December 2014 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Pharmacists – Billing matters – PharmaCare Enrollment Agreement – Judicial review – Statutory powers – Jurisdiction – Stay of execution – Remedies – Injunctions Northburn Prescriptions Ltd. (c.o.b. Northburn Remedy’s RX) v. British Columbia, [2014] B.C.J. No. 2771, 2014 BCSC 2124, British Columbia Supreme ...