Summary of Allegations
As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Mr. Varga, while engaged in the practice of pharmacy as a director and/or employee of CWC Pharmacies (Ontario) Ltd. and/or Costco Wholesale Canada Ltd., committed professional misconduct in that
- In or about the period from April 1, 2013 to December 31, 2015, he accepted a rebate and/or caused CWC Pharmacies (Ontario) Ltd. and/or Costco Wholesale Canada Ltd. to accept a rebate, directly or indirectly, contrary to subsection 12.1(3) of the Drug Interchangeability and Dispensing Fee Act, R.S.O. 1990, c. P23, and/or s. 11.5(3) of the Ontario Drug Benefit Act, R.S.O. 1990, c. O.10, from any or all of the following:
- Ranbaxy Pharmaceuticals Canada Inc.;
- Teva Canada Limited;
- Pharmascience Inc.;
- Mylan Pharmaceuticals ULC; and/or
- Actavis Inc. and/or Cobalt Pharmaceuticals.
In particular, it is alleged that he
- Failed to maintain a standard of practice of the profession
- Contravened a provincial law with respect to the distribution, sale, or dispensing of any drug or mixture of drugs
- Permitted, consented to or approved, either expressly or by implication, the commission of an offence against an Act or Acts relating to the practice of pharmacy or to the sale of drugs by a corporation of which he was a director
- Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable or unprofessional
The Member brought a motion seeking an adjournment of the hearing and/or temporary stay of the proceedings before the Discipline Committee, pending the final results, and any court proceedings, arising from an ongoing inspection of Costco Wholesale Canada Ltd (Costco) and CWC Pharmacies (Ontario) Ltd.’s (CWC) compliance with the anti-rebate provisions of the Drug Interchangeability and Dispensing Fee Act, RSO 1990, c P.23 (DIDFA), the Ontario Drug Benefit Act, RSO 1990, c O.10 (ODBA) and related regulations by the Executive Officer of the Ontario Drug Programs.
The motion was heard before a Panel of the Discipline Committee on June 27, 2017.
The Panel denied the Member's motion in a decision dated October 20, 2017.