Janssen Inc. v. Teva Canada Limited, 2015 FCA 36

The Court of Appeal granted Teva’s motion to have an appeal from a NOC Proceeding dismissed as moot. The Respondent’s request for an oral hearing of the motion was denied.

The FCA held that the appeal was moot, as Teva had received its NOC. The FCA also refused to exercise its discretion to hear the appeal, holding that it would not serve judicial economy. The FCA dismissed the argument that the Comprehensive Economic and Trade Agreement with Europe should prompt it to hear the appeal, as the treaty has not yet been implemented by statute. Furthermore, a new Notice of Allegation relating to a different route of administration was held to not give rise to an adversarial context between the parties in this case.