Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 JANUARY 2017

To Engage Or Not To Engage: Guidance On Motions To Strike A Within Application

Cassels
Cassels
Contributor
Cassels

Cassels

Cassels Brock & Blackwell LLP is a Canadian law firm focused on serving the transaction, advocacy,...

View firm profile
Explore more from Cassels

The Federal Court has reaffirmed and clarified how a pharmaceutical brand company should respond to a generic company's motion to strike an application for abuse of process...

CanadaIntellectual Property
A. Chandimal Nicholas
A. Chandimal Nicholas
Author LinkedIn connections

The Federal Court has reaffirmed and clarified how a pharmaceutical brand company should respond to a generic company's motion to strike an application for abuse of process under s. 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations.

In Valeant Canada LP / Valeant Canada S.E.C. v Apotex Inc. (2016 CarswellNat 6573, 2016 FC 1359), the court reaffirmed that a generic company – in this case, Apotex Inc. ("Apotex") – may bring a 6(5)(b) motion at almost any time, and that, in order to succeed, a brand company – Valeant Canada LP / Valeant Canada S.E.C. ("Valeant"), in this case – must respond in some manner to show the application is not bereft of any chance of success. In other words, a brand company that deliberately chooses not to file evidence either in support of its application or in response to a 6(5)(b) motion must live with the consequences of, in many cases, having its application struck.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

When AI Meets Copyright: SOCAN v Suno And The Broader AI Copyright Landscape

The Society of Composers, Authors and Music Publishers of Canada has launched a landmark Federal Court claim against AI music platform Suno, alleging systematic copyright infringement on a massive scale. As Canadian courts prepare to address whether AI platforms can infringe existing copyrights and whether AI-generated works merit protection, these cases will establish critical precedents for how generative AI intersects with intellectual property law across all industries.
CanadaIntellectual Property
McMillan LLP
McMillan LLP
Article

Canada Announces New Counter-Tariffs And Support Measures Following US Tariff Actions

Canada has announced sweeping counter-tariffs ranging from 15% to 50% on approximately C$27.6 billion of US imports, effective September 8, 2026, in direct response to President Trump's 50% Section 338 tariffs on Canadian goods. The measures target key sectors including steel, aluminum, dairy, appliances, and electronics, while the federal government simultaneously rolls out C$7.5 billion in support for affected businesses and workers. Understanding whether products qualify as US goods under Canada's markin
CanadaInternational Law
Cassels
Cassels
Article

WorkSafeBC Proposes Changes To Laws Regarding Workplace Harassment And Violence

WorkSafeBC is proposing significant amendments to British Columbia's Occupational Health and Safety Regulation that would fundamentally reshape how employers address workplace harassment, violence, and psychological health. The proposed changes introduce expanded definitions, new prevention program requirements, and obligations to identify and control psychosocial hazards. These amendments could require most B.C. employers to substantially revise their existing workplace policies and procedures.
CanadaEmployment and HR
Cassels
Cassels
Article

Charity And NPO Insights: Key Committee Recommendations For The 2026 Federal Budget

In September 2026, the House of Commons Standing Committee on Finance (the Committee) released its recommendations for the 2026 Federal Budget. While these recommendations do not form part of the Budget itself, they provide insight into current political policy priorities and proposals that may be reflected in future legislative and fiscal initiatives. In this article, we highlight several recommendations of particular relevance to charities and not-for-profit organizations, with a specific focus on the proposed social sector fund.
CanadaCorporate/Commercial Law
Cassels
Cassels
Article

Federal Budget 2026: Key Measures For Charities And Non-Profit Organizations

Canada's 2026 federal budget introduces targeted regulatory changes for charities and non-profit organizations, including elimination of the excess corporate holdings regime for private foundations and streamlined foreign charity registration. More significantly, the budget commits substantial federal spending across housing, arts, conservation, and social services—areas where charities and non-profits serve as key delivery partners.
CanadaTax
Cassels
Cassels
Article

Cassels On Competition: October 2026

More particularly, the Plaintiff had argued that the drip pricing provision in subsection 52(1.3) of the Competition Act requires “all-inclusive pricing” and forbids all forms of “fragmented or segmented pricing,” and that Ticketmaster’s partitioned price representations are thus prohibited as a criminal conduct and amount to false or misleading representations covered by the criminal misleading advertising provision in section 52
CanadaAntitrust/Competition Law
Cassels
Cassels