Innovative Medicines Canada v. Canada (Attorney General),
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2022 FCA 210 |
| Date | 05 December 2022 |
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28 practice notes
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Auer v. Auer,
...340; Portnov v. Canada (Attorney General), 2021 FCA 171, [2021] 4 F.C.R. 501; Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210, 8 Admin. L.R. (7th) 44; Reference as to the Validity of the Regulations in relation to Chemicals, [1943] S.C.R. 1; British Columbia (Attorney......
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Auer v Auer,
...340; Portnov v. Canada (Attorney General), 2021 FCA 171, [2021] 4 F.C.R. 501; Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210, 8 Admin. L.R. (7th) 44; Reference as to the Validity of the Regulations in relation to Chemicals, [1943] S.C.R. 1; British Columbia (Attorney......
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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),
...[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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17 cases
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Auer v. Auer,
...340; Portnov v. Canada (Attorney General), 2021 FCA 171, [2021] 4 F.C.R. 501; Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210, 8 Admin. L.R. (7th) 44; Reference as to the Validity of the Regulations in relation to Chemicals, [1943] S.C.R. 1; British Columbia (Attorney......
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Auer v Auer,
...340; Portnov v. Canada (Attorney General), 2021 FCA 171, [2021] 4 F.C.R. 501; Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210, 8 Admin. L.R. (7th) 44; Reference as to the Validity of the Regulations in relation to Chemicals, [1943] S.C.R. 1; British Columbia (Attorney......
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Power Workers’ Union v. Canada (Attorney General),
...[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),
...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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8 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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The SCC Lowers The Legal Threshold For Challenging The Vires Of Subordinate Legislation
...Affairs), 2022 ABCA 381. 7 Portnov v. Canada (Attorney General), 2021 FCA 171; Innovative Medicines Canada v. Canada (Attorney General), 2022 FCA 210. 8 British Columbia (Attorney General) v. Le, 2023 BCCA 200 at 2023 BCCA 200 at para. 9 TransAlta Generation Partnership v. Alberta (Minister......
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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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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......