Publication
Avoiding legal and regulatory pitfalls in digital transformation projects
This article first appeared in the September 2024 issue of Financier Worldwide.
Global | Publication | October 2016
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
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.
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.
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.
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
Publication
This article first appeared in the September 2024 issue of Financier Worldwide.
Publication
The Digital Markets, Competition and Consumers Act (DMCC Act) received Royal Assent on 24 May 2024 and is generally expected to come into force in autumn this year.
Publication
On 26 July 2024, the People’s Bank of China (PBOC) and the State Administration of Foreign Exchange (SAFE) jointly released revised rules in respect of the investments into China’s financial market through the Qualified Foreign Institutional Investor and Renminbi Qualified Foreign Institutional Investor (collectively, QFII) regime (the New Rules).
Subscribe and stay up to date with the latest legal news, information and events . . .
© Norton Rose Fulbright LLP 2023