Winning Combination Inc. v. Canada (Minister of Health) et al., 2016 FC 381

JurisdictionFederal Jurisdiction (Canada)
JudgeRussell, J.
Citation2016 FC 381
CourtFederal Court (Canada)
Subject MatterADMINISTRATIVE LAW,TRADE REGULATION
Date06 April 2016
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11 practice notes
  • Table of Cases
    • Canada
    • Irwin Books The Regulation of Drugs in Canada. The Food and Drugs act and Related Intellectual Property Regimes - 2024 Part II
    • December 22, 2023
    ...FC 573 ..................................................................25, 29, 31, 53, 59–60 Winning Combination Inc v Canada (Health), 2016 FC 381 ............................ 128 Wrigley Canada v Canada, 2000 CanLII 15485 (FCA) ..................................... 6–7 Wyeth Canada v Ra......
  • Weldenbet v. Canada (Citizenship and Immigration), 2022 FC 1174
    • Canada
    • Federal Court (Canada)
    • September 6, 2022
    ...that administrative decisions made in the absence of procedural fairness are void ab initio (Winning Combination Inc v Canada (Health), 2016 FC 381 at para 87 [Winning Combination]). A reconsideration of a decision does not rescind the breach of fairness because, in this case, the Officer d......
  • Natural Health Products
    • Canada
    • Irwin Books The Regulation of Drugs in Canada. The Food and Drugs act and Related Intellectual Property Regimes - 2024 Part I
    • December 22, 2023
    ...Section 7 of the NHPRs establishes the threshold for the issuance of a product licence: 12 Winning Combination Inc v Canada (Health) , 2016 FC 381 at para 140 [ Winning Combination 2016]. 13 Winning Combination 2017, above note 7. 14 To similar efect is the Federal Court decision, where it ......
  • Canada RNA Biochemical Inc. v. Canada (Health), 2020 FC 668
    • Canada
    • Federal Court (Canada)
    • June 4, 2020
    ...or consumer.” In support of this proposition, it relies on the decision of Justice Russell in Winning Combination Inc v Canada (Health), 2016 FC 381, which was reversed in part by Winning Combination (FCA). [29] I do not believe that Justice Russell went so far as to conclude that subsectio......
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6 cases
  • Weldenbet v. Canada (Citizenship and Immigration), 2022 FC 1174
    • Canada
    • Federal Court (Canada)
    • September 6, 2022
    ...that administrative decisions made in the absence of procedural fairness are void ab initio (Winning Combination Inc v Canada (Health), 2016 FC 381 at para 87 [Winning Combination]). A reconsideration of a decision does not rescind the breach of fairness because, in this case, the Officer d......
  • Canada RNA Biochemical Inc. v. Canada (Health), 2020 FC 668
    • Canada
    • Federal Court (Canada)
    • June 4, 2020
    ...or consumer.” In support of this proposition, it relies on the decision of Justice Russell in Winning Combination Inc v Canada (Health), 2016 FC 381, which was reversed in part by Winning Combination (FCA). [29] I do not believe that Justice Russell went so far as to conclude that subsectio......
  • Huard v The Winning Combination Inc.,
    • Canada
    • Court of Appeal (Saskatchewan)
    • November 9, 2022
    ...decisions that had led to the removal of Resolve from the market were quashed: Winning Combination Inc. v Canada (Minister of Health), 2016 FC 381, appeal allowed in part, Canada (Minister of Health) v The Winning Combination Inc., 2017 FCA 101, 413 DLR (4th) 362, leave to appeal to SC......
  • Canada (Health) v. The Winning Combination Inc., 2017 FCA 101
    • Canada
    • Court of Appeal (Canada)
    • May 15, 2017
    ...RENNIE J.A. [1] This is an appeal by the Attorney General of Canada and the Minister of Health from the Judgment of the Federal Court (2016 FC 381) per Russell J. In broad terms, the Judgment under appeal set aside a decision, and subsequent variations and reconsiderations of that decision,......
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3 firm's commentaries
2 books & journal articles
  • Table of Cases
    • Canada
    • Irwin Books The Regulation of Drugs in Canada. The Food and Drugs act and Related Intellectual Property Regimes - 2024 Part II
    • December 22, 2023
    ...FC 573 ..................................................................25, 29, 31, 53, 59–60 Winning Combination Inc v Canada (Health), 2016 FC 381 ............................ 128 Wrigley Canada v Canada, 2000 CanLII 15485 (FCA) ..................................... 6–7 Wyeth Canada v Ra......
  • Natural Health Products
    • Canada
    • Irwin Books The Regulation of Drugs in Canada. The Food and Drugs act and Related Intellectual Property Regimes - 2024 Part I
    • December 22, 2023
    ...Section 7 of the NHPRs establishes the threshold for the issuance of a product licence: 12 Winning Combination Inc v Canada (Health) , 2016 FC 381 at para 140 [ Winning Combination 2016]. 13 Winning Combination 2017, above note 7. 14 To similar efect is the Federal Court decision, where it ......

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