On May 15 2017 the Federal Court of Appeal set aside the order of mandamus compelling the minister of health to grant a licence to The Winning Combination Inc for its natural health product, Resolve.(1) The court held that:

  • the Federal Court had erred in extrapolating a reasonable apprehension of bias from the evidence; and
  • new evidence undermined the basis of the Federal Court's decision.

The Federal Court of Appeal remitted the matter back to the minister for redetermination (2017 FCA 101). On August 14 2017 The Winning Combination applied to the Supreme Court for leave (Docket 37697).

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


(1) Further information is available here.