The Court dismissed the CGPA's appeal of a Prothonotary's decision to strike out its judicial review application. In this case, the CGPA was disputing the listing of a drug on the innovative drug register, fluticasone furoate, where fluticasone propionate had been previously approved. The question was whether it was within the definition of “innovative drugs” which excluded drugs that are merely “a variation of a previously approved medicinal ingredient”. The Minister's decision had stated it was not as it was a different ester, and not fluticasone propionate, which was previously approved.

After a lengthy review of the law, the Court confirmed that the prothonotary was correct in dismissing the application as the CGPA did not have standing as a person directly affected or based on any other kind of public interest standing. The Court noted that the possibility that a person filing a submission for fluticasone furoate could have standing to dispute the listing.

The CGPA has appealed from this decision.

The full text of the decision can be found at:

http://www.gowlings.com/knowledgeCentre/enewsletters/pharmacapsules/pdfs/T-152-10.pdf