Case information
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36772
Pfizer Canada Inc., et al. v. Teva Canada Limited
(Federal) (Civil) (By Leave)
(Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-04-12 | Close file on Leave | |
| 2016-04-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-08 | Judgment on leave sent to the parties | |
| 2016-04-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-538-14, 2015 FCA 257, dated November 18, 2015, is dismissed with costs. Dismissed, with costs |
|
| 2016-02-29 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-02-10 | Applicant's reply to respondent's argument, (Book Form), (6 SEALED COPIES AND 2 REDACTED COPIES RECEIVED), Completed on: 2016-02-10, (Electronic version filed on 2016-02-18) | Pfizer Canada Inc. |
| 2016-02-03 | Notice of name, (Letter Form), (Electronic version filed on 2016-02-03) | Teva Canada Limited |
| 2016-02-03 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-03) | Teva Canada Limited |
| 2016-02-03 | Respondent's response on the application for leave to appeal, (Book Form), 6 copies and 1 cd are SEALED and 2 redacted copies have been filed, Completed on: 2016-02-03, (Electronic version filed on 2016-02-03) | Teva Canada Limited |
| 2015-12-21 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-12-17 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-12-17) | Pfizer Canada Inc. |
| 2015-12-17 | Book of authorities, (Book Form) | Pfizer Canada Inc. |
| 2015-12-17 | Notice of name, (Letter Form), (Electronic version filed on 2015-12-17) | Pfizer Canada Inc. |
| 2015-12-17 | Application for leave to appeal, (Book Form), SEALED APPLICATION + 6 REDACTED COPIES, Completed on: 2015-12-17, (Electronic version filed on 2015-12-17) | Pfizer Canada 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 |
|---|---|---|
| Pfizer Canada Inc. | Applicant | Active |
| Pfizer Inc. and Pfizer Ireland Pharmaceuticals | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Teva Canada Limited | Respondent | Active |
Counsel
Party: Pfizer Canada Inc.
Counsel
Suite 3800, Royal Bank Plaza, South Tower,
200 Bay Street
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4000
FAX: 2163930
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Pfizer Inc. and Pfizer Ireland Pharmaceuticals
Counsel
Suite 3800, Royal Bank Plaza, South Tower,
200 Bay Street
Toronto, Ontario
M5J 2Z4
Telephone: (416) 216-4000
FAX: 2163930
Agent
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Teva Canada Limited
Counsel
Suite 300, 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 695-5858
FAX: (613) 695-5854
Email: mklee@aitkenklee.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.
(SEALING ORDER)
Commercial law — Corporations — Amalgamation — Contracts — Interpretation — Intellectual property — Patents — Medicines — Plaintiff company in action for damages under s. 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, consisting of an amalgamation of generic drug companies — Motions for summary judgment brought based on agreement between defendants and one of the plaintiff’s constituent companies — How is the law of amalgamation to be reconciled with the interpretation of contractual provisions? — How are courts to interpret a general release covering future litigation that was unknown to the parties at the time the release was given?
The applicant Pfizer Canada Inc. is a pharmaceutical company authorized to sell sildenafil citrate tablets in Canada under the name VIAGRA®, and the other applicants are affiliated companies (collectively, “Pfizer”). The respondent Teva Canada Limited (“Teva”) is a pharmaceutical company which was called Novopharm Limited before February 2010. In August 2010, Teva and ratiopharm Inc. (“ratiopharm”), along with a few other companies, amalgamated under s. 185 of the Canada Business Corporations Act, R.S.C. 1985, c. C-44. The amalgamated company continued as Teva.
In 2012, following the dismissal of an application by Pfizer for a prohibition order relating to Teva’s generic version of VIAGRA®, Teva-Sildenafil (formerly Novo-Sildenafil), Teva brought an action against Pfizer for damages under s. 8 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, seeking to recover the losses it allegedly suffered from Teva-Sildenafil’s delayed entry into the market. Pfizer brought a motion for summary judgment, on the basis that Teva’s action was barred by an agreement between Pfizer and ratiopharm Inc., entered into before the amalgamation, settling proceedings related to ratiopharm’s generic version of VIAGRA®, ratio-Sildenafil. Teva also brought a motion for summary judgment, alleging that use of the agreement to preclude the action was not a genuine issue for trial.
Lower court rulings
Federal Court
T-2280-12
Motion by applicants for summary judgment dismissed; motion by respondent for summary judgment on issue of agreement granted
Federal Court of Appeal
A-538-14, 2015 FCA 257
Appeal by applicants dismissed
Memorandums of argument on application for leave to appeal
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 filing 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
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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.
Downloadable PDFs
Not available