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The Syndic of a Professional Order Cannot Have Greater Powers than a Police Officer
April 26, 2005 |
The judgement of the Court of Appeal reverses the judgement handed down last October by the Superior Court ordering Pharmascience to communicate to the Syndic information regarding its pharmacist clients, particularly concerning the alleged rebates, discounts and other advantages that, according to the Syndic of the Order, Pharmascience may have provided to its clients.
Me Stéphane Eljarrat, partner with Davies Ward Phillips & Vineberg LLP who appeared on Pharmascience's behalf, said he was pleased with the judgement. "This confirms the scope of section 122 of the Code of Professions, which limits the syndic’s power to request information or document relative to his or her enquiry from a member of his or her professional order. The judges concluded that section 122 does not apply to Pharmascience, as it is a corporation, nor to Mr. Goodman as an officer of the said corporation. Therein lies the difference."
Davies Ward Phillips & Vinerberg LLP, with over 225 lawyers, practises nationally and internationally from offices in Toronto, Montréal, New York and an affiliate in Paris, is consistently at the heart of the largest and most complex commercial and financial matters on behalf of its North American clients and overseas.
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For further information or to obtain a copy of the judgement, contact:
Me Stéphane Eljarrat
Davies Ward Phillips & Vineberg LLP
(514) 841-6439
seljarrat@dwpv.com
www.dwpv.com