Sanofi Pasteur Limited v. Attorney General of Canada


Sanofi brought a judicial review proceeding in respect of a decision by the Patented Medicine Prices Review Board (Board), and specifically with respect to the portion of the decision addressing the remedy. The main argument in the proceeding related to the offsetting of excess revenues in respect of section 83(2) of the Patent Act.

With respect to the standard of review, the Court found the appropriate standard to be one of reasonableness given that the question to be determined by the Court is one of fact or mixed fact and law. The Court stated that this same standard should apply to pure questions of law. The Court concluded that it was not able to determine if the decision of the Board was reasonable. The Court declared that the Order of the Board is null and void, and the payment made by Sanofi was to be returned promptly.