Apotex Inc. v. Allergan Inc., 2020 FCA 208

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2020 FCA 208
Date03 December 2020
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5 practice notes
  • Dugré v. Canada (Attorney General), 2021 FCA 8
    • Canada
    • Court of Appeal (Canada)
    • 20 January 2021
    ...Foundation v. Canada (Attorney General), 2019 FCA 224, [2020] 1 F.C.R. 362, at para. 16; see also Apotex Inc. v. Allergan Inc., 2020 FCA 208, at paras. 9-10; Wenham, at paras. 11-14). [40] In the present case, this Court is not seized of a judicial review application challenging interlocuto......
  • Federal Court Of Appeal Clarifies Standard For Granting Leave In NOC Cases
    • Canada
    • Mondaq Canada
    • 11 December 2020
    ...Amending the Patented Medicines (Notice of Compliance) Regulations, S.O.R./2017-166, s. 6.11. 2 Apotex Inc. v. Allergan Inc. et al, 2020 FCA 208. 3 Ibid. at para 4 Ibid. at para 14. About BLG The content of this article is intended to provide a general guide to the subject matter. Specialis......
  • Federal Court Of Appeal Clarifies That A "Direct Impact" Is Required To Obtain Leave To Appeal Interlocutory Orders In PM(NOC) Actions
    • Canada
    • Mondaq Canada
    • 11 December 2020
    ...Appeal ('FCA')'with leave. Until now, the test for leave had never been settled or discussed by the FCA. In Apotex Inc. v. Allergan Inc., 2020 FCA 208 ('Apotex'), the FCA 'exceptionally' provided one-time, brief reasons concerning these leave motions. In doing so, it established a two-part ......
  • FCA Provides Guidance On Standard For Leave To Appeal Interlocutory PMNOC Decisions
    • Canada
    • Mondaq Canada
    • 23 December 2020
    ...section 6.11(1) of the Patented Medicines (Notice of Compliance) Regulations (the Regulations): Apotex v Allergan; Pharmascience v Bayer, 2020 FCA 208. The threshold for obtaining leave A fairly arguable case taking into account the standard of review; and That the issue raised is capable o......
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1 cases
  • Dugré v. Canada (Attorney General), 2021 FCA 8
    • Canada
    • Court of Appeal (Canada)
    • 20 January 2021
    ...Foundation v. Canada (Attorney General), 2019 FCA 224, [2020] 1 F.C.R. 362, at para. 16; see also Apotex Inc. v. Allergan Inc., 2020 FCA 208, at paras. 9-10; Wenham, at paras. 11-14). [40] In the present case, this Court is not seized of a judicial review application challenging interlocuto......
4 firm's commentaries

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