Notorious: The RBG Podcast - Episode 11: Three Cheers for Beer: A Discussion of Craig v. Boren
The M&A Word of the Day® from the Book of Jargon® – Global Mergers & Acquisitions Is Revlon Doctrine
Konczal: Dodd-Frank Reforms Get Roughed Up in Court
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
On November 1, 2023, the Federal Court of Appeal (FCA) dismissed Actial’s appeal from an application for judicial review of the Minister of Health’s decision to disclose records pursuant to a request under the Access to...more
On August 17, 2022, the Federal Court, per Justice Fothergill, dismissed AbbVie’s applications for judicial review of the Minister of Health’s decisions that (1) JAMP was not a “second person” and therefore it was not...more
Case law recognizes that constant and continuous video surveillance of employees may constitute an unreasonable working condition, and thus violate section 46 of Québec’s Charter of Human Rights and Freedoms (“Charter”), when...more
As previously reported, the Federal Court of Appeal set aside the Federal Court’s decision dismissing Alexion’s application for judicial review and remitted the matter of whether Alexion’s SOLIRIS (eculizumab) was sold at an...more
On March 10, 2022, for the second time, the Federal Court set aside a decision by the Minister of Health (Minister) to issue Médunik Canada (Médunik) a Notice of Compliance (NOC) for its amifampridine product, RUZURGI,...more
On December 6, 2021, the Federal Court of Appeal (“FCA”) affirmed the Federal Court’s decision in Denso Manufacturing Canada Inc. v. Canada (National Revenue), which had dismissed the taxpayers’ application for judicial...more
As previously reported, McHaffie J. of the Federal Court dismissed an application for judicial review brought by Canada RNA Biochemical (C-RNA), concluding that the Minister of Health (Minister) was reasonable in refusing to...more
Update: On November 10, 2021, the Minister rejected Janssen’s second request for data protection for SPRAVATO, which was submitted following the coming into force of the Canada-United States-Mexico Agreement (CUSMA). The...more
In its recent ruling in Hawkes v Max Aicher (North America) Limited, 2021 ONSC 4290, the Ontario Divisional Court ruled on an application for judicial review that the entire payroll of an employer that terminates the...more
Update: On redetermination, Health Canada issued a new notice of compliance for RUZURGI on June 24, 2021. Catalyst and Kye have sought judicial review (Court File No T-1047-21). On May 31, 2021, the Federal Court quashed a...more
On September 30, 2020, the Federal Court dismissed an application by Catalyst Pharmaceuticals Inc (Catalyst) and KYE Pharmaceuticals Inc (KYE) (collectively, the applicants) for an interlocutory injunction to stay the...more
In 2020, Rx IP Update reported on a number of developments in Canadian life sciences IP and regulatory law. We review top developments below: Table of Contents 1. COVID-19: CIPO, Federal Courts, Health Canada 2. PMPRB:...more
On November 23, 2020, Innovative Medicines Canada (IMC) and a number of research-based pharmaceutical companies commenced an application for judicial review (T-1419-20) of the final Patented Medicine Prices Review Board...more
The Canadian Institute’s 20th Annual Conference on Advanced Administrative Law and Practice returns this year, in a fully virtual and interactive format, to help you make sense of these developments, understand how you are...more
Update: On July 12, 2021, the Federal Court of Appeal dismissed Janssen’s appeal from Zinn J.’s decision: Janssen Inc v Attorney General of Canada (Minister of Health), 2021 FCA 137 (see article here). On September 18,...more
On July 24, 2020, Justice McHaffie of the Federal Court dismissed Natco’s application for judicial review, finding that Health Canada’s refusal to accept Natco’s Abbreviated New Drug Submission (ANDS) for its tenofovir...more
UPDATE: On September 10, 2020, the applicants (Innovative Medicines Canada and the company applicants) appealed Justice Manson’s decision (A-215-20). On September 21, 2020, the Attorney General of Canada cross-appealed. As...more
UPDATE: See July 15, 2020 article here describing the decision in more detail. On September 10, 2020, the applicants (Innovative Medicines Canada and the company applicants) appealed Justice Manson’s decision (A-215-20). On...more
Update: On November 2, 2021, the Federal Court of Appeal dismissed C-RNA’s appeal from McHaffie J.’s decision: Canada RNA Biochemical Inc v Canada (Minister of Health), 2021 FCA 213. On June 4, 2020 the Federal Court...more
Update: On September 24, 2021, the Federal Court of Appeal allowed the Minister’s appeal of this decision and remitted the matter to the Federal Court for redetermination of several issues: Canada (Health) v Elanco Canada...more
Canada's duty to consult with Indigenous peoples does not guarantee outcomes, the Federal Court of Appeal (FCA or Court) confirmed in Coldwater First Nation v Canada (Attorney General), 2020 FCA 34 [Coldwater]....more
In a decision released on October 22, 2019, the Alberta Court of Appeal addressed two questions raised by the Athabasca Chipewyan First Nation (ACFN) in an appeal of a judicial review of an Aboriginal Consultation Office...more
Two years after the #MeToo Movement made the prevalence of sexual harassment and sexual assault in the workplace known worldwide, the Alberta Court of Appeal in Calgary (City) v. Canadian Union of Public Employees Local 37,...more