ARTICLE
1 August 2018

Supreme Court Of Canada News

SB
Smart & Biggar

Contributor

Smart & Biggar uncovers and maximizes intellectual property and technology assets for our clients. Today’s fast-paced innovation economy demands a higher level of expertise and attention to detail when it comes to IP strategy and protection. With over 125 lawyers, patent agents and trademark agents collaborating across five Canadian offices, Smart & Biggar is trusted by the world’s leading innovators to find value in their IP rights. As market leaders in IP, Smart & Biggar’s team is on the pulse when it comes to the latest developments and the wider industry changes that impact our clients. To stay informed, visit smartbiggar.ca/insights, including access to our RxIP Update (smartbiggar.ca/insights/rx-ip-updates), a monthly digest of the latest decisions and law surrounding the life sciences and pharmaceutical industries.
Tobacco companies cannot compel production of health records in British Columbia's lawsuits to recover health care costs related to tobacco exposure.
Canada Food, Drugs, Healthcare, Life Sciences

Supreme Court of Canada denies Alexion leave to appeal in case challenging constitutionality of PMPRB remedial powers
On June 28, 2018, the Supreme Court of Canada dismissed Alexion Pharmaceuticals' application for leave to appeal a decision of the Federal Court of Appeal (FCA) that dismissed its challenge to the constitutionality of certain provisions in the Patent Act relating to the Patented Medicine Prices Review Board (PMPRB)'s remedial powers: SCC Case No. 37949. The FCA decision, Alexion Pharmaceuticals Inc v Canada (Attorney General), 2017 FCA 241, was previously reported  here.

Tobacco companies cannot compel production of health records in British Columbia's lawsuits to recover health care costs related to tobacco exposure
The province of British Columbia (BC) brought an action against Philip Morris International and other tobacco manufacturers to recover health care costs related to treatment of diseases caused or contributed to by exposure to a tobacco product, pursuant to the Tobacco Damages and Health Care Costs Recovery Act (Act). The constitutionality of the Act had previously been upheld: British Columbia v Imperial Tobacco Canada Ltd, 2005 SCC 49. On July 13, 2018, the Supreme Court of Canada (SCC) held that BC could not be compelled to produce a collection of anonymized health care databases that the province intended to use to prove causation and damages: British Columbia v Philip Morris International, Inc, 2018 SCC 36.  The SCC held that the anonymized databases fell within the scope of a subsection of the Act that excluded from production "health care records and documents of particular individual insured persons or the documents relating to the provision of health care benefits for particular individual insured persons".

The preceding is intended as a timely update on Canadian intellectual property and technology law. The content is informational only and does not constitute legal or professional advice. To obtain such advice, please communicate with our offices directly.

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