Mathieu Bouchard

The Court clarified the two-step framework for proving discrimination under s. 10 of the Quebec Charter and held that prima facie discrimination must be proven on a balance of probabilities.

It found insufficient evidence connecting the U.S. security-clearance refusal to Mr. Latif’s ethnic or national origin, making the tribunal’s finding unreasonable.

Both appeals were dismissed, with costs as ordered.

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.