The applicant pharmacy sought judicial review of a decision by the Executive Officer terminating its ability to bill the public drug program due to alleged fraudulent and unsubstantiated claims.
The applicant argued it was denied procedural fairness because it was not given sufficient time to provide evidence addressing the discrepancies.
The Divisional Court held that, given the severe economic consequences to the applicant's business, the duty of fairness required granting the applicant a short additional period to submit supporting evidence.
The application was allowed in part, and the applicant was granted an extension to make further submissions while a stay of the termination remained in place.
