Apotex Inc. v. Canada, 2014 FC 1087 (Trazodone*)
Justice Hughes - 2014-11-18
Read full decision. Automatically generated summary:
Apotex filed a submission with Health Canada on January 25, 1988 for approval to sell a generic version of a trazodone drug in Canada. Seven years later, after much correspondence, telephone conversations, meetings, the institution of two lawsuits – including one resulting in a decision by this Court – and a settlement agreement, Apotex received that approval in February 28, 1995. By that time, two generic competitors had already received approval to sell their versions of that drug in Canada. For the reasons that follow, I find that Apotex is entitled in tort to damages but was required to mitigate those damages. The extent of those damages will be assessed at a later trial.
Decision relates to:
- T-1877-91 - APOTEX INC v. THE ATTORNEY GENERAL OF CANADA ET AL
- T-1930-98 - APOTEX INC v. MINISTER OF HEALTH ET AL
- A-553-14(2017 FCA 73) - which is an appeal from this decision
- T-1930-98 - APOTEX INC v. MINISTER OF HEALTH ET AL
- A-554-14(2017 FCA 73) - which is an appeal from this decision
- T-2276-90 - APOTEX INC V ATTORNEY GENERAL ET AL