Case information
Consult our database for details on a Supreme Court of Canada case.
37949
Alexion Pharmaceuticals Inc. v. Attorney General of Canada
(Federal) (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) |
|---|---|---|
| 2018-07-04 | Close file on Leave | |
| 2018-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-06-29 | Judgment on leave sent to the parties | |
| 2018-06-28 |
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-51-17, 2017 FCA 241, dated December 7, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2018-05-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-04-03 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2018-04-03 | Alexion Pharmaceuticals Inc. |
| 2018-03-20 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-03-20 | Attorney General of Canada |
| 2018-03-20 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Canada |
| 2018-02-19 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2018-02-19 | |
| 2018-02-05 | Certificate (on limitations to public access) | Alexion Pharmaceuticals Inc. |
| 2018-02-05 | Notice of name | Alexion Pharmaceuticals Inc. |
| 2018-02-05 | Application for leave to appeal, (Book Form), (2 volumes), File opened 2018-02-19, Completed on: 2018-02-06 | Alexion Pharmaceuticals 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 |
|---|---|---|
| Alexion Pharmaceuticals Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Alexion Pharmaceuticals Inc.
Counsel
Evan Atwood
First Canadian Place
Suite 1600 - 100 King Street West
Toronto, Ontario
M5X 1G5
Telephone: (416) 862-4314
FAX: (416) 862-7661
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Attorney General of Canada
Counsel
Christine Mohr
Joseph Cheng
John Bricker
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 973-9241
FAX: (416) 973-5004
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Constitutional law – Division of powers – Administrative law – Boards and tribunals – Patented Medicines Prices Review Board – Patentee challenging constitutionality of statutory provisions establishing Board and its powers pertaining to pricing of patented medicines – Whether price control scheme for medicines in the Patent Act, including power of Patented Medicines Prices Review Board to order price reductions and confiscation of past revenues, falls within jurisdiction of Parliament under s. 91 (22) of the Constitution Act, 1867 – Whether a party is permitted to seek prerogative relief, including prohibition, in Federal Court or provincial superior court in a case raising a constitutional question without first raising constitutional issue before a statutory board ith jurisdiction over merits of a dispute.
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.
Alexion Pharmaceuticals Inc., (“Alexion”), manufactures a drug called Soliris, used to treat two rare life threatening medical conditions. The Patented Medicines Prices Review Board (“Board”) commenced proceedings against Alexion and issued a Notice of Hearing to determine whether Alexion had been selling Soliris at an excessive price between 2012 and 2014. The Board was created pursuant the Patent Act, R.S.C. 1985, c. P-4. Sections 79 through to 103 of the Patent Act provide for, inter alia, the mandate and jurisdiction of the Board, remedies available to the Board and enforcement of orders. In a separate proceeding, Alexion sought declaratory relief from the Federal Court that the price regulation scheme created by the Patent Act was ultra vires, exceeded the powers granted to Parliament under s. 91(22) of the Constitution Act, 1867 and violated provincial jurisdiction over property and civil rights under s. 92(13). Further, Alexion sought an order of prohibition precluding the Board from proceeding with a hearing. The Attorney General of Canada (“AG”) brought a motion to strike Alexion’s application based on a line of jurisprudence that determined that those sections were both intra vires and constitutional. This motion was granted and the decision was upheld on appeal.
Lower court rulings
Federal Court
T-1537-15 - 2016 FC 716
Respondent’s motion to strike applicant’s application for declaratory relief and order of prohibition granted
Federal Court
T-1160-16, 2017 FC 21
Applicant’s appeal dismissed
Federal Court of Appeal
A-51-17, 2017 FCA 241
Applicant’s appeal dismissed
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 613-996-8666 or at 1-844-365-9662.
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
Related links
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 613-996-8666 or at 1-844-365-9662.
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
Related links
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 613-996-8666 or at 1-844-365-9662.
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.
Downloadable PDFs
Not available