Association not directly affected by listing on register of innovative drugs

Canadian Generic Pharmaceutical Association v. Minister of Health and GlaxoSmithKline Inc.

Drug: fluticasone furoate

This is an appeal from a decision of the Federal Court, upholding the decision of the Prothonotary striking the Notice of Application on the basis that the Applicant lacked standing.

The Court of Appeal found no error of law made by either the Federal Court or the Prothonotary, and agreed that the Appellant is not directly affected by the decision of the Minister of Health refusing to remove the drug from the Register of Innovative Drugs. Further, the Court of Appeal agreed that the Appellant lacks public interest standing.