Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2017 FCA 241
Date07 December 2017
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24 practice notes
  • Dugré v. Canada (Attorney General), 2021 FCA 8
    • Canada
    • Court of Appeal (Canada)
    • 20 Enero 2021
    ...Canada (National Energy Board), 2014 FCA 245, [2015] 4 F.C.R. 75, at para. 22; Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241, at paras. 47 to 56). - Standard of [39] In addressing the question whether the appeals are doomed to fail, the applicable standard of revie......
  • Toor v. Canada (Citizenship and Immigration), 2021 FC 228
    • Canada
    • Federal Court (Canada)
    • 16 Marzo 2021
    ...para 2; Agnaou c Canada (Procureur général), 2019 CAF 264 at paras 2-3; Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FCA 241 at paras 47-50, 53; Forner v Professional Institute of the Public Service of Canada, 2016 FCA 35 at paras 13-16; Wilson v Atomic Energy of ......
  • Dugré v. Canada (Attorney General), 2020 FC 789
    • Canada
    • Federal Court (Canada)
    • 24 Julio 2020
    ...[36] The need to allow the process to be completed was reconfirmed in Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241 [Alexion], to the point where the Court of Appeal raised the issue. The principle that adequate remedies must be exhausted is stated as follows: [47]......
  • Thielmann v The Association of Professional Engineers and Geoscientists of the Province of Manitoba, 2020 MBCA 8
    • Canada
    • Court of Appeal (Manitoba)
    • 21 Enero 2020
    ...37, leave to appeal to SCC refused, 36041 (27 November 2014)). More recently, in Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FCA 241, the Federal Court of Appeal repeated that the threshold with respect to exceptions to the prematurity rule was high, stating that such exce......
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14 cases
  • Dugré v. Canada (Attorney General), 2021 FCA 8
    • Canada
    • Court of Appeal (Canada)
    • 20 Enero 2021
    ...Canada (National Energy Board), 2014 FCA 245, [2015] 4 F.C.R. 75, at para. 22; Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241, at paras. 47 to 56). - Standard of [39] In addressing the question whether the appeals are doomed to fail, the applicable standard of revie......
  • Toor v. Canada (Citizenship and Immigration), 2021 FC 228
    • Canada
    • Federal Court (Canada)
    • 16 Marzo 2021
    ...para 2; Agnaou c Canada (Procureur général), 2019 CAF 264 at paras 2-3; Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FCA 241 at paras 47-50, 53; Forner v Professional Institute of the Public Service of Canada, 2016 FCA 35 at paras 13-16; Wilson v Atomic Energy of ......
  • Dugré v. Canada (Attorney General), 2020 FC 789
    • Canada
    • Federal Court (Canada)
    • 24 Julio 2020
    ...[36] The need to allow the process to be completed was reconfirmed in Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2017 FCA 241 [Alexion], to the point where the Court of Appeal raised the issue. The principle that adequate remedies must be exhausted is stated as follows: [47]......
  • Innovative Medicines Canada v. Canada (Attorney General), 2020 FC 725
    • Canada
    • Federal Court (Canada)
    • 29 Junio 2020
    ...(Attorney General) v Sandoz Canada Inc, 2015 FCA 249 at para 116 [Sandoz]; Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FCA 241 at para 61 [Alexion FCA]). [128] In Katz, the Supreme Court found it is “somewhat ethereal to speak of a commercial ‘right’ to trade in a market a......
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10 firm's commentaries
  • PMPRB Update: SCC Dismisses Appeal Regarding Constitutional Issues Concerning The PMPRB In Eculizumab Case
    • Canada
    • Mondaq Canada
    • 2 Agosto 2018
    ...Inc. v Canada (Attorney General), SCC Case No. 37949 Federal Court of Appeal:Alexion Pharmaceuticals Inc. v Canada (Attorney General), 2017 FCA 241 Federal Court (Appeal Judge):Alexion Pharmaceuticals Inc. v Canada (Attorney General), 2017 FC 22 Federal Court (Prothonotary):Alexion Pharmace......
  • Supreme Court Of Canada News
    • Canada
    • Mondaq Canada
    • 1 Agosto 2018
    ...Review Board (PMPRB)'s remedial powers: SCC Case No. 37949. The FCA decision, Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FCA 241, was previously reported Tobacco companies cannot compel production of health records in British Columbia's lawsuits to recover health care cos......
  • Rx IP Update - July 2018
    • Canada
    • JD Supra Canada
    • 1 Agosto 2018
    ...Review Board (PMPRB)’s remedial powers: SCC Case No. 37949. The FCA decision, Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FCA 241, was previously reported Protecting Canadians from Unsafe Drugs Act Vanessa’s Law, the Federal Court has ordered Health Canada to release reque......
  • Rx IP Update - December 2017
    • Canada
    • JD Supra Canada
    • 20 Diciembre 2017
    ...of the PMPRB regime: Alexion Pharmaceuticals v Canada (Attorney General), 2017 FCA 241. The Federal Court of Appeal upheld the decision on the basis that (1) Alexion was not entitled to bring the constitutional issue before the Federal Court, as it did not raise the issue before the Board; ......
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