The syndic of the Ordre des pharmaciens began an inquiry into allegations that generic drug manufacturers were providing illegal kickbacks to pharmacists.
The syndic requested documents from a manufacturer under s. 122 of the Professional Code.
The manufacturer refused, arguing the provision only applied to professionals.
The syndic sought and obtained a general law injunction to compel disclosure.
The Court of Appeal reversed.
The Supreme Court of Canada allowed the appeal, holding that s. 122 applies to third parties and that a general law injunction is available to enforce the syndic's investigatory powers despite the existence of specific penal remedies in the Code.
