Jean-Claude Killey

The appellants requested a suspension of the court's judgment released on June 10, 2013.

On consent of the respondent, the Court of Appeal for Ontario ordered that the judgment be suspended until June 25, 2013, to allow for an orderly winding-down of the operations of RX Processing Services Inc.

The appellants operated an online pharmacy selling prescription drugs to Americans, with a call center located in Ontario.

The Ontario College of Pharmacists sought an injunction to stop the appellants from selling drugs without accreditation and using restricted terms.

The application judge granted the injunction, finding the sales occurred in Ontario and the College had jurisdiction.

The Court of Appeal dismissed the appeal, holding that a purposive approach to the legislation confirmed the sales took place in Ontario and that there was a sufficient connection to ground the College's jurisdiction to protect the public interest.

The appellant appealed an order striking his pleadings in their entirety and refusing leave to amend.

The pleadings alleged assault, breach of contract, malicious prosecution, unreasonable refusal of club membership, and defamation.

The Court of Appeal found that the new allegations were not raised before the motion judge and were inadequately pleaded, the membership refusal did not give rise to a cause of action, and the defamation claim lacked the required specificity.

The court upheld the motion judge's discretionary decision to refuse leave to amend due to the passage of time and failure to provide proposed amended pleadings.

The appeal was dismissed.