Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30638
Pharmascience Inc., et al. v. Régie de l'assurance-maladie du Québec, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2005-12-13 | Close file on Leave | |
| 2005-12-13 | Certificate of taxation issued to, S. Roussel | |
| 2005-12-08 | Decision on the bill of costs, taxed at the amount of $1,148.10, Reg | |
| 2005-12-05 | Submission of the bill of costs, Reg | |
| 2005-11-18 | Bill of costs, Completed on: 2005-11-18 | Régie de l'assurance-maladie du Québec |
| 2005-10-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-10-21 | Judgment on leave sent to the parties | |
| 2005-10-20 |
Judgment of the Court on the application for leave to appeal, The motion to add the Attorney General of Quebec as a party is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Numbers 500-09-014858-047 and 500-09-014859-045, dated September 17, 2004, is dismissed with costs. Dismissed, with costs |
|
| 2005-10-20 |
Decision on motion to add or substitute parties Granted |
|
| 2005-09-26 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2005-09-26 | Submission of motion to add or substitute parties, Ba LeB De | |
| 2005-05-20 | Reply to motion to add or substitute parties, (6 copies), Completed on: 2005-05-20 | Attorney General of Quebec |
| 2005-04-29 | Correspondence received from, G. Du Pont dated April 28, 2005 re: to proceed with the motion without further delay | Pharmascience Inc. |
| 2005-04-29 | Response to motion to add or substitute parties, 6 copies (book form), Completed on: 2005-05-06 | Pharmascience Inc. |
| 2005-04-20 | Correspondence received from, Guy Du Pont dated Apr. 20/05 re: wants to appeal a Qc Court of Appeal judgment of Apr. 18/05 and have it joint with this application | Pharmascience Inc. |
| 2005-02-17 | Correspondence received from, Benoît Belleau dated Feb. 17/05 with 4 judgments of the C/A dated Feb. 2/05 and an amended notice filed in the C/A | Régie de l'assurance-maladie du Québec |
| 2005-02-09 | Correspondence received from, Guy Du Pont dated Feb. 9/05 re: leave in abeyance (original rec'd Feb. 14/05) | Pharmascience Inc. |
| 2005-02-07 | Correspondence received from, Guy Du Pont dated Feb. 4/05 re: direction and abeyance (original rec'd Feb. 10/05) | Pharmascience Inc. |
| 2005-02-02 | Motion to add or substitute parties, Completed on: 2005-02-02 | Attorney General of Quebec |
| 2005-01-10 | Book of authorities, additional (refer to the applicant's reply, Pharmascience Inc.) | Pharmascience Inc. |
| 2004-12-29 | Correspondence received from, Guy Du Pont dated Dec. 29/04 re: respondent's response cannot be produced | Pharmascience Inc. |
| 2004-12-29 | Applicant's reply to respondent's argument, Completed on: 2005-01-04 | Pharmascience Inc. |
| 2004-12-17 | Correspondence received from, Guy Du Pont dated Dec. 16/04 re: opposes the A.G. of Qc as a respondent | Pharmascience Inc. |
| 2004-12-16 | Respondent's response on the application for leave to appeal, (motion requested to add A.G. Qc as a party), Completed on: 2004-12-16 | Régie de l'assurance-maladie du Québec |
| 2004-12-16 | Correspondence received from, Benoît Belleau dated Dec. 15/04 re: A.G. Qc as a respondent | Régie de l'assurance-maladie du Québec |
| 2004-12-14 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-12-08 | Correspondence received, from Benoit Belleau (fax) dated Nov.29/04 re: the A.G. - Québec was a party in the Court of Appeal and will be filing a response and the style of cause should be amended | |
| 2004-11-16 | Application for leave to appeal, Completed on: 2004-12-14 | Pharmascience Inc. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Pharmascience Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Régie de l'assurance-maladie du Québec | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
And Between
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Régie de l'assurance-maladie du Québec | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
Counsel
Party: Pharmascience Inc.
Counsel
26e étage
1501, avenue McGill College
Montréal, Quebec
H3A 3N9
Telephone: (514) 841-6406
FAX: (514) 841-6499
Email: gdupont@dwpv.com
Party: Apotex Inc.
Counsel
1500 - 1 Westmount Square
Montréal, Quebec
H3Z 2P9
Telephone: (514) 846-0666
FAX: (514) 935-2314
Party: Régie de l'assurance-maladie du Québec
Counsel
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51478
FAX: (514) 873-7074
Email: benoit.belleau@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Party: Attorney General of Quebec
Counsel
8.00 - 1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51478
FAX: (514) 873-7074
Email: benoit.belleau@justice.gouv.qc.ca
Agent
111 Rue Champlain
Hull, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The Régie de l’assurance-maladie du Québec (RAMQ) is claiming over $40 million that the applicant companies allegedly overcharged from 2000 and 2003. In this period, these and two other companies concealed from the RAMQ rebates or discounts given to pharmacists to increase sales volumes. The Act respecting prescription drug insurance and Regulation respecting the conditions on which manufacturers and wholesalers of medications shall be recognized include a manufacturer’s commitment to the RAMQ to the effect that all refunded medication is sold at a guaranteed minimum price.
In opposition to the action for damages, each of the applicant companies filed a preliminary motion to have the action dismissed on the ground that the recourse chosen by the RAMQ is not available. The Superior Court dismissed the preliminary exception, and the Court of Appeal denied leave to appeal.
Lower court rulings
Superior Court of Quebec
500-17-015406-039, 500-17-015460-036, 500-17-015571-030
Rejet des requêtes en moyen déclinatoire et en irrecevabilité présentées par les compagnies demanderesses à l'encontre d'un recours en dommages-intérêts déposé par l'intimée, la RAMQ
Court of Appeal of Quebec (Montréal)
500-09-014858-047, 500-09-014859-045, 500-09-014863-047
Refus de la permission d'appel
Memorandums of argument on application for leave to appeal
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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