Boehringer Ingelheim (Canada) Ltd. v. Canada (Health), 2024 FC 1766
Associate Justice Cotter - 2024-11-06
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The court granted a motion by two respondents to strike the notice of application, ruling the applicant lacked standing. The notice sought to challenge a decision by the Minister of Health granting a generic drug company a notice of compliance for a drug equivalent to one marketed by the applicant. The applicant argued the Minister erred in issuing the notice without approving a lower strength for safety reasons. The court held that, for a motion to strike, facts in the notice are taken as true, and affidavit evidence is generally not admissible unless exceptional circumstances exist. One exception is when an affidavit appends a document referenced in the notice. The court emphasized that affidavits should not be used to supplement the grounds stated in the notice of application.
Decision relates to:
- T-2108-23 - BOEHRINGER INGELHEIM(CANADA)LTD. v. THE MINISTER OF HEALTH ET AL.