Eric Morgan

The plaintiff in a class action regarding post-retirement benefits brought a motion for the production of historical benefits plan documents, including corporate minutes and resolutions concerning the creation of the benefits plans.

The defendant brought a cross-motion to strike certain documents from the plaintiff's affidavit.

The court interpreted the Settlement Agreement between the parties and found that the requested corporate minutes and resolutions fell within the definition of 'historical benefits plan documents' as they were relevant to the objective determination of the contractual terms.

The court ordered the defendant to produce the documents and dismissed the motion to strike.

The applicants, Shoppers Drug Mart and Katz Group, successfully challenged provincial regulations banning pharmacies from selling private label generic drugs at the Divisional Court.

The Minister of Health appealed.

The Court of Appeal allowed the appeal, finding that the regulations were intra vires the Ontario Drug Benefit Act and the Drug Interchangeability and Dispensing Fee Act.

The Court held that the regulations validly imposed conditions on the drug supply chain to control prescription drug costs, rather than constituting an unauthorized prohibition, interference with commercial rights, or illegal discrimination.