Case: Apotex Inc, Apotex Pharmachem India
Pvt Ltd and Apotex Research Private Limited v Her Majesty The Queen
et al (Court File No. T-1653-16)
Nature of case: Misfeasance in public office,
negligence, defamation and conspiracy
Date: September 30, 2016
Summary
Apotex is suing the federal government for $500 million in
general, special, aggravated and punitive damages arising from an
import ban imposed by Health Canada in 2014 against certain Apotex
products from Indian manufacturing facilities. The import ban was
subsequently held to be unlawful by decision of the Federal Court
and overturned.
Background
In 2014, Health Canada imposed a ban on certain Apotex drug
products being imported into Canada from Apotex Pharmachem India
Pvt Ltd. (APIPL) and Apotex Research Private
Limited (ARPL).
As we
reported, Apotex successfully challenged the Minister of
Health's decision to implement the import ban on two separate
occasions before the Federal Court. In the first decision, the
Federal Court quashed the import ban, finding that, among other
things, it was implemented with an improper purpose. The court also
ordered that Health Canada and the Minister of Health retract media
statements on the import ban. In the second decision, the Federal
Court quashed the minister's decision to indirectly maintain
aspects of the import ban, notwithstanding the court's first
decision.
Apotex's statement of claim
In a 103-page statement of claim, Apotex now seeks $500 million in damages relating to Health Canada's alleged unlawful implementation and maintenance of the import ban. In its statement of claim, Apotex alleges that the Minister of Health defamed Apotex through press releases and website postings and restricted Apotex's ability to obtain new marketing approvals for drugs that had been made or were to be made in ARPL or APIPL.
Links:
Apotex's Statement of
Claim
First Judicial Review Decision: Apotex Inc et al v Minister of Health, 2015 FC
1161
Second Judicial Review Decision:Apotex Inc et al v Minister of Health and
Attorney General of Canada, 2016 FC 673
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