B.C. Court of Appeal Upholds Regulatory College’s By-laws

The British Columbia Court of Appeal’s recent decision in Sobeys West Inc. v. College of Pharmacists of British Columbia[1] is an important decision for regulators in two respects. First, it recognizes the latitude regulators ought to be given when enacting by-laws. Second, it clarifies the nature of the evidence that regulators will need to provide when their by-laws are challenged on judicial review. On the whole, the decision comes as a welcome confirmation of the deference that courts will show to regulators when they enact by-laws in the bona fide exercise of their authority.