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- Federal Court dismisses motion for a fifth generic to be added to rivaroxaban trial of common issues under PMNOC Regulations
The Federal Court had previously allowed a concurrent trial on common invalidity issues in actions under the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) against four generic manufacturers: Apotex, Teva, Taro and Sandoz (see article here under procedural decisions)....
- Court declines to direct preliminary determination on interpretation of subsection 6(1) of PMNOC Regulations
On November 7, 2019, Prothonotary Tabib dismissed Pharmascience’s motion for an order directing a preliminary determination of a question of law in the context of a patent infringement action brought by Teva pursuant to the Patented Medicines (Notice of Compliance) Regulations (PMNOC Regulations) relating to glatiramer acetate (Teva’s COPAXONE; Pharmascience’s GLATECT): Teva v Pharmascience, 2019 FC 1394. The motion was dismissed on the ground that the issue for determination, although a pure question of law, was not premised on undisputed facts....
- One Bad Apple: When Can an Employee’s Bad Attitude Justify Termination?
The recent arbitration decision in Sasktel v Unifor, Local 2S, 2019 CanLII 57057 (SK LA) arose after a long-time employee was dismissed from her position with SaskTel. While her competence and technical know-how were undoubted, her interpersonal skills left much to be desired.
- Federal Court of Appeal confirms obviousness finding in section 8 bortezomib action against Teva
As previously reported, the Federal Court granted Teva’s claim for compensation under section 8 of the Patented Medicines (Notice of Compliance) Regulations relating to Teva’s bortezomib product (Janssen markets bortezomib as VELCADE). According to Justice Locke, Teva would not have infringed Patents Nos. 2,203,936 and 2,435,146 because their relevant claims were invalid for obviousness. On November 4, 2019, the Federal Court of Appeal upheld the finding of obviousness, dismissing Millennium Pharmaceuticals and Janssen’s appeal: Millennium Pharmaceuticals v Teva Canada, 2019 FCA 273.
- Court Confirms Arbitration Award as Not in Manifest Disregard of the Law
Metso Minerals Canada Inc. and Metso Minerals Industries Inc. entered into a contract with ArcelorMittal Exploitation Miniere Canada and ArcelorMittal Canada Inc. to supply a specialized mill to a mining mill that ArcelorMittal operated in Quebec, Canada. The contract contained an arbitration clause requiring the parties to submit all disputes arising from the contract to arbitration.
- Changing Workplaces, Changing Classifications: Increasing Relevance of the Dependent Contractor
The classification of workers has become an increasingly relevant consideration for both hirers and workers in today’s rapidly changing economy. Traditionally, workers have fallen into one of two distinct categories for payment in exchange for their labour: employees or independent contractors. These categories are strongly fact-driven and have important legal ramifications for both the hirer and worker, especially with regards to issues such as worker protections, dismissal, human rights, vacation pay, reasonable notice, worker accommodations, and even tax treatment.
- ACO Authority Confirmed—Duty to Consult Not Triggered by Taking Up Any Lands
In a decision released on October 22, 2019, the Alberta Court of Appeal addressed two questions raised by the Athabasca Chipewyan First Nation (ACFN) in an appeal of a judicial review of an Aboriginal Consultation Office (ACO) decision...
- CSA to review automatic securities disposition plans
On October 24, 2019, the Canadian Securities Administrators (CSA) announced that it is undertaking a review of automatic securities disposition plans (ASDPs). ASDPs are plans that enable the pre-planned sales of securities through an arm’s length third party in accordance with a pre-determined set of instructions.
- The Little Engine that Couldn’t: SCC Rules on Limitation of Liability for Sale of Ship Engine Parts
The Supreme Court of Canada (SCC) recently rendered an important decision on the division of powers between the federal and provincial governments. While that decision was made in the context of Canadian maritime law, it has potentially far-reaching implications for contracts and disputes involving the transportation of goods across borders and the construction of projects under federal jurisdiction.
- Corporate Transparency: Which Path Will Quebec Take?
In recent years, several countries have undertaken various actions to combat fraud, tax evasion, tax avoidance, money laundering and the financing of criminal activities. Despite the implementation of several measures to strengthen corporate transparency, the Quebec government is still seeking solutions to counter these schemes.
- CIPO Approves New Wares and Services Descriptions
The Canadian Intellectual Property Office (CIPO) today announced the approval of over 500 new or changed wares (goods) and services descriptions in its online Wares and Services Manual. This is the Manual that the CIPO Examiners refer to when reviewing applications for registration of trade-marks ...
- Updated BC IPP Supply Map
Further to our April blog post, today, BC Hydro released some updated information regarding the supply of electricity from BC independent power producers (BC IPPs). Included in the release is the following: 1. A map of current and future BC IPP projects;...
- Arbitration Review of the Americas 2012: Commercial Arbitration and the Canadian Justice System: Recent Decisions of the Supreme Court of Canada
Originally published in The Arbitration Review of the Americas 2012. Commercial arbitration – both domestic and international – is an established and frequently employed dispute resolution mechanism in Canada, and one that is legislatively protected. With respect to...
- Oh Canada - Significant Developments in Canadian Energy - November 2011
In This issue: - Oil Sands News - East Coast News - West Coast News - Canadian Arctic News - Alternative Energy News - On the Horizon - Abbreviations
- Arguments conclude in first transfer pricing case heard by the Supreme Court of Canada: GlaxoSmithKline Inc. v. The Queen
On Friday morning January 13, 2012, the Supreme Court of Canada heard arguments in GlaxoSmithKline Inc. v. The Queen. See our earlier posts on the case here and here. By way of background, Glaxo Canada purchased ranitidine, the active pharmaceutical ingredient in Zantac, a...
- Battle of the Blocks
Two of my favourite topics: intellectual property and Lego. The Danish toy-maker has been trying to protect its iconic toy bricks since they were developed in the 1930s and ’40s. Trade-mark law protects the brand (LEGO), and trade-marks can live on and on, as long as the owner (a) uses the mark,...
- Invasion of Personal Privacy Tort Comes to Canada
In a significant decision by the Ontario Court of Appeal, (Jones v. Tsige, 2012 ONCA 32), the Court of Appeal recognized for the first time in the province of Ontario, a distinct right of action for invasion of personal privacy or “intrusion on seclusion”. The facts of this...
- Case Update - Re Timminco Limited
Re Timminco Limited (2012) ONSC 506 (Ont. Commercial List) and (2012) ONSC 948 (Ont. Commercial List). Timminco Limited and Bécancour Silicon Inc. (together the “Timminco Entities”) sought and were Granted protection under the CCAA on January 3, 2012. On January 12, 2012 the...
- "Beneficial Owner" - CRA'S Assessment Of Velcro Doesn't Stick
The Tax Court has once again considered the meaning of the phrase “beneficial owner” for purposes of the tax treaty between Canada and the Netherlands. It has also once again ruled in favour of the taxpayer in determining that a Dutch holding company was the “beneficial owner” of amounts received...
- Cloud Computing and the Public Sector in British Columbia
The British Columbia Information and Privacy Commissioner (“IPC”) has released guidelines on cloud computing. The guidelines apply to the public sector bodies to which British Columbia’s Freedom of Information and Protection of Privacy Act (“FIPPA”) applies....