Latest Articles

As we reported, Abbott Laboratories Limited, Takeda Pharmaceuticals Company Limited and Takeda Pharmaceuticals America Inc. sought dismissal of Apotex’s action for s. 8 damages in the Ontario Superior Court by summary judgment. The Ontario Court of Appeal (ONCA) affirmed the lower court’s finding that a real-world notice of non-compliance – withdrawal (NON-W) issued by Health Canada did not operate to void the patent hold letter ab initio. The ONCA held it was open to…
On March 9, 2018, the Law Commission of Ontario (LCO) released its Consultation Paper entitled “Class Actions: Objectives, Experiences and Reforms”. The Consultation Paper is the next phase of the LCO’s Class Actions Project which is set to conduct a general review of the class action landscape in Ontario, with a view to providing a final report with recommendations for law reform where appropriate. It has now been 25 years since the passage…
As we reported, Ontario passed the Health Sector Payment Transparency Act, 2017 (Bill 160) in December 2017, which will require those defined as “payors” – such as pharmaceutical and medical device manufacturers, wholesalers and distributors – to disclose financial relationships with healthcare professionals and organizations to the government. On February 21, 2018, the Ontario Government published a draft regulation under the Health Sector Payment Transparency Act, 2017 (“Act”). Comments on the draft regulation are…
In Low v. Pfizer Canada Inc. the British Columbia Court of Appeal accepted Pfizer’s argument that the Canadian patent regulatory regime does not provide the basis for a civil action by consumers based on alleged breaches of the patent regime. The Court found, in relation to a claim pertaining to Pfizer’s Viagra, that the patent regime conferred no rights on consumers, nor did the regime evince and intention to allow consumers to make claims. The…
Published in: For The Defense Products regulated in the United States by the U.S. Food and Drug Administration (FDA) and in Canada by Health Canada are subject to a complex set of regulatory requirements. These regulatory requirements will often include a review and the approval of the safety and the efficacy of a product and the consideration of the adequacy and the content of the product’s label. When consumers allege that these same products are…