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30985

Apotex Inc., et al. v. AstraZeneca Canada Inc., et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2007-01-09 Appeal closed
2006-12-13 Record returned to the Registrar of the Court of Appeal
2006-11-06 Formal judgment sent to the registrar of the court of appeal and all parties
2006-11-06 Judgment on appeal and notice of deposit of judgment sent to all parties
2006-11-03 Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Federal Court of Appeal, Numbers A-535-04 and A-536-04, 2005 FCA 189, dated May 18, 2005, heard on May 11, 2006, is allowed. The order of the Federal Court of Appeal is set aside and the order of the Federal Court, Trial Division is restored. Apotex Inc. is entitled to its costs in this Court and in the courts below. The Minister is entitled to his costs in this Court and in the Federal Court of Appeal.
Allowed, costs in the courts below
2006-07-04 Correspondence received from, T. Nessim Abu-Zahra (Smart & Biggar) dated July 4/06 joint with the Pharmascience Inc. judgment and with the position of other parties re: submission of judgment (sent to Court July 5/06) AstraZeneca Canada Inc.
2006-07-04 Supplemental document, FCA judgment in Pharmascience Inc. v. Sanofi-Aventis Canada Inc., et al (2006 FCA 229)(sent to the Court July 5/06) AstraZeneca Canada Inc.
2006-05-26 Transcript received, (91 pages)
2006-05-25 Appeal court record, (3 boxes)
2006-05-11 Judgment reserved OR rendered with reasons to follow
2006-05-11 Supplemental document, Condensed book submitted in Court (14 copies) Canadian Generic Pharmaceutical Association
2006-05-11 Respondent's condensed book, Submitted in Court (14 copies) AstraZeneca Canada Inc.
2006-05-11 Appellant's condensed book, Submitted in Court (14 copies) Apotex Inc.
2006-05-11 Acknowledgement and consent for video taping of proceedings, From all parties
2006-05-11 Hearing of the appeal, 2006-05-11, CJ Ba Bi LeB De F Abe Cha Ro
Judgment reserved
2006-05-05 Notice of appearance, Patrick S. Smith and Henry Brown will be present at the hearing. Canada's Research-Based Pharmaceutical Companies
2006-05-04 Order on motion for additional time to present oral argument, (BY LEBEL J.)
2006-05-04 Decision on motion for additional time to present oral argument, LeB, UPON APPLICATION by the Respondent, AstraZeneca Canada Inc., for an Order that the Respondents the Minister of Health and the Attorney General of Canada to present their oral argument before the Respondent AstraZeneca Canada Inc. and for an Order varying the time to present oral argument at the hearing of the appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The time for oral argument by the appellant and respondents in this appeal shall be as follows:
1.The appellant, Apotex Inc., shall have in total fifty-five (55) minutes for oral argument and five (5) minutes in reply;
2.The respondent, AstraZeneca Canada Inc., shall have in total fifty-five (55) minutes for oral argument;
3.The respondents, the Minister of Health and the Attorney General of Canada, shall present their oral argument before the Respondent AstraZeneca Canada Inc. and have in total fifteen (15) minutes for oral argument.
Allowed in part
2006-05-04 Submission of motion for additional time to present oral argument, LeB
2006-05-04 Order by, LeB, FURTHER TO THE ORDER of Charron J. dated April 19, 2006, granting leave to intervene to the Canadian Generic Pharmaceutical Association and the Canada's Research-Based Pharmaceutical Companies;
IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes at the hearing of the appeal.
Granted
2006-05-01 Book of authorities, Completed on: 2006-05-05 Canada's Research-Based Pharmaceutical Companies
2006-05-01 Intervener's factum, Completed on: 2006-05-02 Canada's Research-Based Pharmaceutical Companies
2006-05-01 Book of authorities, of intervener, Completed on: 2006-05-01 Canadian Generic Pharmaceutical Association
2006-05-01 Intervener's factum, (1 copy missing - rec'd May 4, 2006), Completed on: 2006-05-04 Canadian Generic Pharmaceutical Association
2006-05-01 Response to the motion for additional time to present oral argument, (Letter Form), from H.B. Radomski dated May 1/06, Completed on: 2006-05-01 Apotex Inc.
2006-04-27 Notice of appearance, Gunars A. Gaikis, Yoon Kang, Nancy P. Pei and Colin B. Ingram will be present at the hearing. AstraZeneca Canada Inc.
2006-04-26 Notice of appearance, Edward Hore and Kevin Zive will be present at the hearing. Canadian Generic Pharmaceutical Association
2006-04-25 Notice of appearance, Peter M. Southey and F.B. (Rick) Woyiwada will be appearing. Minister of Health
2006-04-25 Supplemental factum, from Apotex - pursuant to Rule 29(4) (sent to the judges April 27/06) Apotex Inc.
2006-04-25 Response to the motion for additional time to present oral argument, (Letter Form), from Peter Southey dated Apr. 24/06, Completed on: 2006-04-25 Minister of Health
2006-04-24 Notice of appearance, Harry B. Radomski, Andrew R. Brodkin and Miles Hastie will be appearing. Apotex Inc.
2006-04-21 Motion for additional time to present oral argument, (bookform)(original affidavit of Kingsley W. Koo in bookform rec'd Apr. 25/06), Completed on: 2006-04-21 AstraZeneca Canada Inc.
2006-04-19 Letter sent to Intervener(s)
2006-04-19 Order on motion for leave to intervene, (BY CHARRON J.)
2006-04-19 Decision on the motion for leave to intervene, Cha, The motion for leave to intervene of the applicant, the Canadian Generic Pharmaceutical Association, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion to adduce new evidence in the form of an affidavit is dismissed.
The motion for an extension of time to apply for leave to intervene and for leave to intervene of the applicant, the Canada's Research-Based Pharmaceutical Companies, is granted and the applicant shall be entitled to serve and file a factum not to exceed 20 pages in length on or before May 1, 2006. The motion to adduce new evidence in the form of an affidavit is dismissed.
The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The interveners shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2006-04-12 Appeal perfected for hearing
2006-04-11 Submission of motion for leave to intervene, Cha
2006-04-11 Respondent's book of authorities, (24 copies rec'd), Completed on: 2006-04-11 AstraZeneca Canada Inc.
2006-04-11 Respondent's factum, Rule 29 (3) at page 37, Completed on: 2006-04-11 AstraZeneca Canada Inc.
2006-04-11 Respondent's book of authorities, Completed on: 2006-04-11 Minister of Health
2006-04-11 Respondent's factum, Completed on: 2006-04-11 Minister of Health
2006-04-10 Correspondence received from, Goodmans re: 24 copies of the Court of Appeal decision dated May 18, 2005 to be added at Tab 7 of the Appellant's Record (sent to the Court on April 18/06) Apotex Inc.
2006-04-05 Reply to the motion for leave to intervene, e-mail from Gowlings dated Apr. 5/06 re: will not be filing a reply, Completed on: 2006-04-05 Canada's Research-Based Pharmaceutical Companies
2006-04-05 Response to the motion for leave to intervene, (Letter Form), from F.B. (Rick) Woyiwada dated Apr. 5/06, Completed on: 2006-04-05 Minister of Health
2006-03-31 Reply to the motion for leave to intervene, 3 copies - book form, Completed on: 2006-03-31 Canadian Generic Pharmaceutical Association
2006-03-28 Response to the motion for leave to intervene, (Letter Form), from Goodmans dated Mar. 26/06 re: responding to Astra's response, Completed on: 2006-03-28 Apotex Inc.
2006-03-27 Response to the motion for leave to intervene, (Letter Form), Completed on: 2006-03-27 Apotex Inc.
2006-03-24 Response to the motion for leave to intervene, (Letter Form), C.B. Ingram dated Mar. 24/06, Completed on: 2006-03-24 AstraZeneca Canada Inc.
2006-03-24 Response to the motion for leave to intervene, (Letter Form), from F.B. Woyiwada dated March 24, 2006 (fax copy), Completed on: 2006-03-24 Minister of Health
2006-03-24 Book of authorities, re: intervention (3 copies - book form), Completed on: 2006-03-24 AstraZeneca Canada Inc.
2006-03-24 Response to the motion for leave to intervene, (book form), Completed on: 2006-03-24 AstraZeneca Canada Inc.
2006-03-22 Motion for leave to intervene, joint with extension of time (affidavit - book form), Completed on: 2006-03-22 Canada's Research-Based Pharmaceutical Companies
2006-03-20 Correspondence received from, Hazzard & Hore re: correction to party info Canadian Generic Pharmaceutical Association
2006-03-14 Motion for leave to intervene, (bookform), Completed on: 2006-03-14 Canadian Generic Pharmaceutical Association
2006-03-10 Notice of hearing sent to parties
2006-03-10 Appeal hearing scheduled, 2006-05-11
Judgment reserved
2006-02-14 Appellant's book of authorities, Vol. I and II (Vol. III rec'd Apr. 25 pursuant to rule 29(4), Completed on: 2006-02-14 Apotex Inc.
2006-02-14 Appellant's factum, Completed on: 2006-02-14 Apotex Inc.
2006-02-10 Appellant's record, Vol. I to VIII, Completed on: 2006-02-10 Apotex Inc.
2005-12-21 Correspondence received from, (by fax) M. Hastie; re: costs of motion for a stay to AstraZeneca Apotex Inc.
2005-12-19 Order issued on motion for a stay of execution, (BY BASTARACHE, LEBEL AND DESCHAMPS JJ.)
2005-12-19 Decision on the motion for a stay of execution, Ba LeB De, UPON APPLICATION by counsel on behalf of the Appellant for an order:
1) continuing the stay of the judgments of the Federal Court of Appeal issued May 18, 2005 in Court Files Nos. A-535-04 and A-536-04 (the May 18 judgments) pending the disposition of the appeal herein;
2) in the alternative, an order staying the May 18 judgments pending the disposition of the appeal herein; and
3) an order, if necessary, granting an interim stay of the May 18 judgments, pending the final disposition of the motion for an interlocutory stay.
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The stay of the judgments of the Federal Court of Appeal issued May 18, 2005 in Court Files Nos. A-535-04 and A-536-04 is continued pending the disposition of the appeal with costs on this motion to AstraZeneca Canada Inc.
Granted
2005-12-16 Reply to motion for a stay of execution, (bookform - proof of delivery requested for A.G. of Canada), Completed on: 2005-12-19 Apotex Inc.
2005-12-12 Submission of motion for a stay of execution, Ba LeB De
2005-12-01 Affidavit, of Sheila M. Frame sworn Dec. 1/05 re: Astrazeneca's response to motion to stay at tab 1 (bookform) AstraZeneca Canada Inc.
2005-12-01 Affidavit, of Kingsley W. Koo sworm Dec. 1/05 re: Astrazeneca's response to motion to stay at tab 2 (bookform) AstraZeneca Canada Inc.
2005-12-01 Response to the motion for a stay of execution, (bookform)(original affidavits rec'd Dec. 1/05), Completed on: 2005-12-01 AstraZeneca Canada Inc.
2005-11-29 Response to the motion for a stay of execution, (Letter Form), from F.B. (Rick) Woyiwada dated Nov. 29/05, Completed on: 2005-11-29 Minister of Health
2005-11-21 Motion for a stay of execution, (bokform), Completed on: 2005-11-25 Apotex Inc.
2005-11-21 Notice of appeal, Completed on: 2005-11-25 Apotex Inc.
2005-11-21 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2005-10-26 Correspondence received, from Smart & Biggar re: they will be acting as agent for the Respondent AstraZeneca
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 Applicant's motion to be granted party status to file its application with respect to the judgment of the Federal Court of Appeal, number A-535-04 and the applicant's motion to file a lengthy memorandum are granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Numbers A-535-04 and A-536-04, 2005 FCA 189, dated May 18, 2005, is granted with costs to the Applicant in any event of the cause.
Granted, with costs to the applicant(s) in any event of the cause
2005-10-20 Decision on motion to file a lengthy memorandum of argument, Ba LeB De
Granted
2005-10-20 Decision on motion to add or substitute parties
Granted
2005-07-25 Submission of motion to file a lengthy memorandum of argument, Ba LeB De
2005-07-25 All materials on application for leave submitted to the Judges, Ba LeB De
2005-07-25 Submission of motion to add or substitute parties, Ba LeB De
2005-07-25 Submission of motion to expedite the application for leave to appeal, Ba LeB De
2005-07-21 Order on motion to leave to intervene, (BY FISH J.)
2005-07-21 Decision on motion for leave to intervene, F, UPON APPLICATION by Canadian Generic Pharmaceutical Association for leave to intervene in the above mentioned application for leave to appeal;
AND HAVING READ the material filed;
IT IS HEREBY ORDERED THAT:
The motion is dismissed without prejudice to the applicant's right to apply for leave to intervene in the appeal, in the usual manner, if the Court grants the application for leave to appeal.

Dismissed
2005-07-21 Submission of motion for leave to intervene, F
2005-07-20 Reply to the motion for leave to intervene., Completed on: 2005-07-20 Canadian Generic Pharmaceutical Association
2005-07-20 Response to the motion for leave to intervene, (Letter Form), from F.B. (Rick) Woyiwada dated July 20/05, Completed on: 2005-07-20 Minister of Health
2005-07-15 Response to the motion for leave to intervene, (bookform), Completed on: 2005-07-15 AstraZeneca Canada Inc.
2005-07-14 Response to the motion for leave to intervene, (Letter Form), from Miles Hastie dated July 14/05, Completed on: 2005-07-14 Apotex Inc.
2005-07-13 Motion for leave to intervene, (bookform), Completed on: 2005-07-13 Canadian Generic Pharmaceutical Association
2005-07-12 Order on miscellaneous motion
2005-07-12 Decision on the miscellaneous motion, to accept the applicant's reply as filed (namely font too small), DeRg
Granted
2005-07-11 Submission of miscellaneous motion, DeRg
2005-07-11 Response to miscellaneous motion, (Letter Form), from F.B. (Rick) Woyiwada dated July 11/05, Completed on: 2005-07-11 Minister of Health
2005-07-07 Response to miscellaneous motion, (Letter Form), from Gunars A. Gaikis dated July 7/05, Completed on: 2005-07-07 AstraZeneca Canada Inc.
2005-07-06 Notice of miscellaneous motion, to accept the applicant's reply as filed re:font (bookform), Completed on: 2005-07-06 Apotex Inc.
2005-06-29 Applicant's reply to respondent's argument, (motion requested re: font), Completed on: 2005-07-06 Apotex Inc.
2005-06-27 Book of authorities AstraZeneca Canada Inc.
2005-06-27 Respondent's response on the application for leave to appeal, Completed on: 2005-06-27 AstraZeneca Canada Inc.
2005-06-20 Respondent's response on the application for leave to appeal, Service on respondent missing - Rec'd June 24, 2005, Completed on: 2005-06-24 Minister of Health
2005-06-17 Letter acknowledging receipt of a complete application for leave to appeal
2005-06-13 Motion to file a lengthy memorandum of argument, (of more than 20 pages)(included in application for leave to appeal), Completed on: 2005-06-13 Apotex Inc.
2005-06-13 Motion to add or substitute parties, Apotex as applicant for F.C.A. judgment A-535-04 only (included in application for leave), Completed on: 2005-06-13 Apotex Inc.
2005-06-13 Motion to expedite the application for leave to appeal, and to file a memorandum of argument of more than 20 pages (included in application for leave), Completed on: 2005-06-13 Apotex Inc.
2005-06-13 Application for leave to appeal, (2 volumes)(signature rec'd June 17/05), Completed on: 2005-06-17 Apotex 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

Main parties - Appellants
Name Role Status
Apotex Inc. Appellant Active

v.

Main parties - Respondents
Name Role Status
AstraZeneca Canada Inc. Respondent Active
Minister of Health Respondent Active
Attorney General of Canada Respondent Active

And Between

Sub parties (1) - Appellants
Name Role Status
Apotex Inc. Appellant Active

v.

Sub parties (1) - Respondents
Name Role Status
AstraZeneca Canada Inc. Respondent Active
Minister of Health Respondent Active
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Canadian Generic Pharmaceutical Association Intervener Active
Canada's Research-Based Pharmaceutical Companies Intervener Active

Counsel

Party: Apotex Inc.

Counsel
Names
Harry Radomski
Andrew R. Brodkin
Julie Rosenthal
Miles Hastie
Contact information
Goodmans LLP
250 Yonge Street
Suite 2400, Box 24
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: hradomski@goodmans.ca
Agent
Name
Dougald E. Brown
Contact information
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: AstraZeneca Canada Inc.

Counsel
Names
Gunars A. Gaikis
J. Sheldon Hamilton
Yoon Kang
Nancy P. Pei
Colin B. Ingram
Contact information
Smart & Biggar
Suite 1500, 438 University Avenue
Toronto, Ontario
M5G 2K8
Telephone: (416) 593-5514
FAX: (416) 591-1690
Email: ggaikis@smart-biggar.ca
Agent
Name
Colin Ingram
Contact information
Smart & Biggar
900-55 Metcalfe Street
10th Floor
Ottawa, Ontario
K1P 6L5
Telephone: (613) 232-2486
FAX: (613) 232-8440
Email: cbingram@smart-biggar.ca

Party: Minister of Health

Counsel
Name
Frederick B. Woyiwada
Contact information
Attorney General of Canada
234 Wellington Street, Room 1104
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: rick.woyiwada@justice.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Canada

Counsel
Names
Frederick B. Woyiwada
Peter M. Southey
Contact information
Attorney General of Canada
234 Wellington Street, Room 1104
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: rick.woyiwada@justice.gc.ca
Agent
Name
Christopher M. Rupar
Contact information
Attorney General of Canada
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Canadian Generic Pharmaceutical Association

Counsel
Names
Edward Hore
Kevin Zive
Michal Niemkiewicz
Contact information
Hazzard & Hore
141 Adelaide Street West
Suite 1002
Toronto, Ontario
M5H 3L5
Telephone: (416) 868-1340
FAX: (416) 868-1468
Email: edhore@hazzardandhore.com
Agent
Name
Marie-France Major
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Canada's Research-Based Pharmaceutical Companies

Counsel
Names
Anthony G. Creber
Patrick S. Smith
Adrienne M. Blanchard
Contact information
Gowling WLG (Canada) LLP
Suite 2600, Box 466
160 Elgin Street - Stn. D.
Ottawa, Ontario
K1P 1C3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Email: Anthony.creber@gowlingwlg.com
Agent
Name
Henry S. Brown, Q.C.
Contact information
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Summary

Keywords

None.

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.

Statutes - Property law - Patents - Interpretation - Patented medicines - Should this Court intervene to clarify when a generic drug may be brought to the market by interpreting the “gateway” provisions of the Patented Medicines (Notice of Compliance)Regulations, SOR/93-133 for the first time? - Is the approach to statutory construction in Biolyse [Bristol-Myers Squibb Co. v. Canada (Attorney General), 2005 SCC 26]restricted to subsection 5(1.1) of the Regulations, or should every provision of the Regulations be interpreted with an eye to effecting the same balance of interest under the Patent Act, R.S.C. 1985, C. P-4? - Is the object of every provision of the Regulations concerned with preservation of patent rights, generally, or prevention of abuse of subsections 55.2(1) and (2) of the Patent Act? - Can a patentee gain a statutory injunction to prevent competition by commencing unmeritorious prohibition proceedings, then ‘evergreen’ the injunction by gaining new and unused NOCs with new patent lists during the pendency of the stay?

Apotex received an Notice of Compliance (“NOC”) from the Minister to market its form of omeprazole capsules, after comparing its drug to the drug previously marketed in Canada by AstraZeneca, the brand manufacturer. AstraZeneca had ceased marketing its omeprazole capsules in Canada in 1996 and its main patent had expired in 1999, but it had received other NOCs for new formulations and uses of omeprazole pursuant to Supplemental New Drug Submissions (“SNDS”) that were filed. The Minister determined that Apotex was not required to address the patents obtained through the filing of the SNDS as the omeprazole that Apotex had compared its drug to was not marketed in Canada pursuant to the requirements of s. 5(1) of the Regulations. AstraZeneca sought judicial review of this decision. On appeal, the appeals were allowed and the Notice of Compliance set aside.

Lower court rulings

September 20, 2004
Federal Court of Canada, Trial Division

T-261-04, T-262-04

Respondent Astrazeneca Canada Inc.'s applications for judicial review of the Minister of Health's decision to issue a Notice of Compliance to the Appellant for omeprazole 20 mg and 40 mg capsules without requiring the Applicant to address....dismissed.

May 18, 2005
Federal Court of Appeal

A-535-04, A-536-04, 2005 FCA 189

Appeals allowed; Notice of Compliance set aside

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted 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 the memorandum 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 memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

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.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

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Date modified: 2025-05-13