On 29 September 2021, the attorney general of Canada sought leave to appeal a decision of the Federal Court of Appeal(1) setting aside the decision of the Federal Court dismissing Alexion's application for judicial review, and remitting the matter to the Patented Medicine Prices Review Board (PMPRB). The Federal Court of Appeal expressed concerns with both the adequacy of the PMPRB's reasons and the substantive reasonableness of its reasons in determining that Alexion's Soliris (eculizumab) was sold at an excessive price.

On 24 March 2022, the Supreme Court of Canada dismissed the attorney general of Canada's application for leave to appeal.(2)

For further information on this topic please contact Katie Lee at Smart & Biggar by telephone (+1 416 593 5514) or email ([email protected]). The Smart & Biggar website can be accessed at www.smartbiggar.ca.


(1) 2021 FCA 157.

(2) Docket No. 39858.