Licensed pharmacists operating pharmacies within retail stores sought an interlocutory injunction restraining the retailer from selling or transferring pharmacy records to third‑party pharmacy operators following the closure of the stores.
The moving parties argued the records belonged to them under the license agreements and that privacy legislation governing personal health information prevented the transfer.
The court held that the agreements clearly provided that customer records belonged to the retailer, though it acknowledged a low‑threshold serious issue regarding the interaction of contractual terms with health‑information legislation.
The court found no irreparable harm because any business losses could be compensated in damages and patient privacy would not be breached under the statutory regime permitting transfer of records to a successor health information custodian.
The balance of convenience favoured allowing the transfers to ensure continuity of patient care.
The motions for injunction were dismissed.
