Apotex Inc. v Eli Lilly and Company et al. , 2015 ONSC 5396

The Ontario Superior Court has refused to strike a claim for damages pursuant to the Statute of Monopolies . In finding the law is not yet settled, the Court reviewed the state of the law and found that the Statute of Monopoliesmay or may not apply and the Patent Act may or may not be a complete code. In the face of such uncertainty, it was not possible for the Court to find that the claim has no reasonable prospect of success.