In Sinclair v. Venezia Turismo (Sinclair), the Supreme Court of Canada (SCC) clarified when Canadian courts can assume jurisdiction over international or interprovincial disputes. A contract made in a Canadian province and...more
In Opsis Airport Services Inc. v. Quebec (Attorney General) (Opsis), the Supreme Court of Canada (SCC) affirmed that the doctrine of interjurisdictional immunity (IJI) remains an essential feature of Canada’s federal...more
We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more
In the recent case of Sandhu v Mangat, 2025 BCCA 34, the BC Supreme Court shed some light on the scope of parenting coordinators’ (PC) jurisdiction and section 7 expenses relating to ‘special or extraordinary expenses’ under...more
The Supreme Court of Canada (SCC) is set to issue its decision in Lundin Mining Corporation v Dov Markowich (Markowich). This highly anticipated SCC decision regarding disclosure obligations could alter the landscape for...more
Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario and...more
On October 11, 2024, the Supreme Court of Canada (the SCC) rendered a decision clarifying the corporate attribution doctrine in the bankruptcy and insolvency context. Aquino v. Bondfield Construction Co.1 involved a dispute...more
There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages, decisions have...more
On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen’s patent relating to paliperidone...more
As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal of a decision relating to macitentan (Janssen’s OPSUMIT), which found that Apotex would induce infringement of Janssen’s patent....more
The Federal Court of Appeal (FCA) dismissed an appeal by Lilly from a decision of the Federal Court (see our previous article) which had granted a motion for summary trial brought by Teva, Pharmascience, Laboratoire Riva,...more
Lorsqu’une loi prévoit un droit d’appel limité d’une décision rendue par un tribunal administratif, est-il possible de présenter une demande de pourvoi en contrôle judiciaire à l’égard des questions non susceptibles d’appel...more
When a statute provides for a limited right of appeal from an administrative decision, is judicial review of the non-appealable aspects of the decision available only in rare or unusual cases?...more
The year 2023 witnessed several developments in Canadian IP litigation. From summary judgment finding its limits to the denial of a permanent injunction for the first time in almost three decades, several cases decided in...more
The Supreme Court of Canada has granted Sanis Health, Shoppers Drug Mart, Sandoz Canada, and McKesson Canada leave to appeal Sandoz Canada v British Columbia, 2023 BCCA 306. The parties are defendants in a proposed class...more
As previously reported, Apotex sought leave to appeal a decision of the Federal Court of Appeal (2021 FCA 52) affirming a Federal Court decision finding that the claims of a patent relating to lisdexamfetamine (Shire’s...more
As previously reported, the Federal Court of Appeal dismissed Apotex’s appeal from a decision holding that the claims of a patent relating to lisdexamfetamine (Shire’s VYVANSE) were valid and prohibiting the Minister of...more
On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) a decision upholding an interlocutory decision on a question relevant to the assessment of section 8...more
On September 24, 2020, the Supreme Court of Canada denied leave to Apotex (Docket No. 39172) with respect to a decision affirming the quantum of profits payable to the Plaintiffs ADIR and Servier for infringement of ADIR’S...more
Le 24 juillet 2020, la Cour suprême du Canada (la « CSC ») a publié sa décision dans l’affaire Société des loteries de l’Atlantique c. Babstock (« Babstock »). Dans sa première déclaration définitive sur cette question, la...more
On July 24, 2020, the Supreme Court of Canada (SCC) released its decision in Atlantic Lottery Corp. Inc. v. Babstock (Babstock). In its first definitive statement on this issue, the SCC held that waiver of tort is not an...more
UPDATE: UPDATE: On December 10, 2020, the Supreme Court of Canada dismissed Pfizer’s application for leave to appeal (Docket No. 39150) (see article here). Pfizer seeks leave in pregabalin section 8 case As previously...more
Late last month, in a landmark decision heralded by brand owners, the U.S. Supreme Court ruled in Romag Fasteners, Inc v Fossil Group, Inc that a plaintiff in a trademark infringement suit is not required to show that a...more
Although the Supreme Court has suspended hearing appeals, the Court continues to issue judgments both on appeals and applications for leave to appeal. Hearings scheduled for March, April and May were adjourned on March 25,...more
In a recent decision, Edmonton (City of) v Ten 201 Jasper Avenue Ltd, 2020 ABCA 60, the Alberta Court of Appeal confirmed that a municipality must disclose all relevant information the municipality considered in preparing a...more