Judge orders Government to Pay costs over delay in Case

From theTelegram

Judge orders government to pay costs over delay in case

The Telegram

Lawyers Brad Savoury (left), representing the Council of Independent Community Pharmacy Owners and Rolf Pritchard, representing the provincial government, are shown in Newfoundland Supreme Court this morning. — Photo by Deana Stokes Sullivan/The Telegram

Published on December 2, 2011

Chief Justice David Orsborn didn't seem impressed this morning that the provincial government was late filing its court documents in response to an application from the Council of Independent Community Pharmacy Owners (CICPO), challenging sections of the Newfoundland Pharmacy Act and regulations.

The case was scheduled to be heard today in Newfoundland Supreme Court, but was postponed until Feb. 2 because government was late filing its response and affidavits.

Lawyer Brad Savoury, representing the pharmacists, said he only received some of the documents this week.

Both sides appeared in Newfoundland Supreme Court Sept. 27 and were given timelines by Justice Richard LeBlanc. The council was given a deadline of Nov. 17 and government Nov. 24 to file documents with the court.

Rolf Pritchard, lawyer for the province, said there was a snowstorm on Nov. 24 and there were other complicating factors, including notice having to be given to the federal attorney general.

Orsborn noted that government had two months to file its documents. Because of the delay, he ordered that costs associated with today's proceedings will have to be paid by the provincial government.

CICPO’s application challenges a provision in the province’s Pharmacy Act that allows the Pharmacists’ Association of Newfoundland and Labrador to negotiate financial contracts with government on behalf of the independent owners and a recent amendment to the Pharmaceutical Services Administration regulations that extended the notice period from 30 to 120 days to opt out of the provincial drug program.