Shire Canada Inc. v. Cobalt Pharmaceuticals Company, 2015 FC 458

Shire has lost its appeal regarding the dismissal of its motion to strike certain affidavit evidence submitted by the respondent Cobalt in an application pursuant to the PM(NOC) Regulations. The Court found that Cobalt’s evidence was responsive to Shire’s evidence, and therefore it did not raise new allegations or new facts not found in Cobalt’s NOA.