Apotex Inc. v. Shire Canada Inc. (2010 FC 1001) T-1787-08

Appeal of Prothonotary’s decision denying, in part, permission to amend statement of defence, modafinil, October 8, 2010

Shire appealed the Order of Prothonotary Tabib denying it permission to amend, in part, its Statement of Defence. For a summary of that decision, see the September 2010 edition of this newsletter. Mr. Justice Pinard in the Federal Court dismissed Shire’s appeal after hearing the matter de novo. He held that the proposed defence was deficient and that no reasonable cause of action or defence was raised by Shire.