Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2022 FCA 210 |
| Date | 05 December 2022 |
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18 practice notes
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Table of Cases
...299 Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 ....................................................173, 290, 295, 298, 300, 306 Innovator Company v Canada (Attorney General), 2017 FC 548 , af’d 2017 FC 864 .............................................................
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Power Workers’ Union v. Canada (Attorney General), 2023 FC 793
...[48] This is also consistent with subsequent binding case law issued by the FCA (Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 [Innovative Medicines] and Portnov v Canada, 2021 FCA 171 [Portnov]). In both decisions, the FCA found that the adoption of delegated legisl......
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Canadian Frontline Nurses v. Canada (Attorney General), 2024 FC 42
...apply: Portnov v Canada (Attorney General), 2021 FCA 171 at para 10 [Portnov]; Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 at paras 26-44; International Air Transport Association v Canadian Transportation Agency, 2022 FCA 211 at paras [204] In conducting reasonable......
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British Columbia (Attorney General) v Le,
...framework applies to [a] case” ( ibid.). [At paras. 23, 25.] See also Innovative Medicines Canada v. Canada (Attorney General) 2022 FCA 210 at paras. 26–43; Restaurants Canada v. Ville de Montréal 2021 QCCA 1639 at paras. 29–30 and 40–67; Bienvenu v. Attorne......
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7 cases
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Power Workers’ Union v. Canada (Attorney General), 2023 FC 793
...[48] This is also consistent with subsequent binding case law issued by the FCA (Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 [Innovative Medicines] and Portnov v Canada, 2021 FCA 171 [Portnov]). In both decisions, the FCA found that the adoption of delegated legisl......
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British Columbia (Attorney General) v Le,
...framework applies to [a] case” ( ibid.). [At paras. 23, 25.] See also Innovative Medicines Canada v. Canada (Attorney General) 2022 FCA 210 at paras. 26–43; Restaurants Canada v. Ville de Montréal 2021 QCCA 1639 at paras. 29–30 and 40–67; Bienvenu v. Attorne......
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Janssen Inc. v. Canada (Health), 2023 FC 870
...standard of review analysis. [59] However, in its most recent decision in Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210, Justice Stratas, writing on behalf of the Court, held that Portnov, a unanimous and binding decision of this Court, binds future panels of the Fed......
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Parker v. Canada (Attorney General), 2023 FC 1419
...administrative decisions. [182] The CCFR Applicants also submit that Portnov and Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 [Innovative Medicines] confirm that Vavilov governs how the court should conduct the judicial review of administrative decisions, including ......
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7 firm's commentaries
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Canadian Patent Law 2022: A Year In Review
...Federal Court (Innovative Medicines Canada v Canada (Attorney General), 2020 FC 725), a decision upheld by the Federal Court of Appeal, 2022 FCA 210). The constitutionality of the revision of the basket of comparator countries was also upheld by the Court of Appeal of Quebec in Merck Canada......
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Key Canadian Patent Law Decisions From 2022 And Some Predictions For 2023
...was supported by the purposive approach to claim construction. PRICING OF PATENTED MEDICINES - INNOVATIVE MEDICINES CANADA V. CANADA (AG), 2022 FCA 210 Earlier this year, amendments to the Patented Medicines Regulations under the Patent Act came into force. One of these amendments (the "Com......
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Have The Katz Been Let Out Of The Bag? Uncertainty About The Standard Of Review For Challenges To Regulations
...but also does not give regulation-making authorities a blank cheque. Recently in Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210, the Federal Court of Appeal confirmed the flexible approach and explicitly rejected the hyperdeferential standard applied in The different......
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Federal Court Of Appeal Dismisses Appeal Challenging Amended Basket Of Comparator Countries In PMPRB Regulations
...the amended basket of comparator countries in the Patented Medicines Regulations: Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 (Appeal The Patented Medicines Regulations set out reporting requirements for patentees to the Patented Medicine Prices Review Board (PMPRB......
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3 books & journal articles
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Table of Cases
...299 Innovative Medicines Canada v Canada (Attorney General), 2022 FCA 210 ....................................................173, 290, 295, 298, 300, 306 Innovator Company v Canada (Attorney General), 2017 FC 548 , af’d 2017 FC 864 .............................................................
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Patented Medicine Prices Review Board
...v Canada (Attorney General) , 2021 FCA 157 at para 49 [ Alexion 2021 FCA ]. 15 Innovative Medicines Canada v Canada (Attorney General) , 2022 FCA 210 at para 19 [ Innovative Medicines FCA ]. his chapter irst discusses the existing legislative framework as it applies to patented medicines an......
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Overview of Canada's Pharmaceutical Intellectual Property Regime
...Pharmaceuticals Inc v Canada (Attorney General) , 2021 FCA 157 at para 49; Innovative Medicines Canada v Canada (Attorney General) , 2022 FCA 210 at para 19. ed with patent issues. Indeed, Parliament’s policy since 1923 had been to favour health cost savings over the protection of intellect......