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2,211 results found

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Thorsteinssons LLP | Canada | 29 Sep 2022

Issues arising on the conversion of real property from capital to inventory (or vice versa)

When a real property held by a taxpayer as a rental property becomes the taxpayer's residence (or vice versa), the "change-in-use" rules in section…
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Smart & Biggar | Canada | 21 Sep 2022

Federal Court of Appeal upholds invalidity of fampridine patent

The Federal Court of Appeal has dismissed an appeal by Biogen and a cross-appeal by Taro from a decision of the Federal Court dismissing two actions by Biogen under the Patented Medicines (Notice of Compliance) Regulations. The Federal Court had found Canadian Patent No. 2,562,277 invalid but would have been infringed by Taro's proposed fampridine product (Biogen's Fampyra). The 277 patent......
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Smart & Biggar | Canada | 14 Sep 2022

Federal Court of Appeal upholds validity of two patents relating to Eliquis

The Federal Court of Appeal recently dismissed Pharmascience's appeal of a Federal Court decision upholding the validity of Canadian Patent Nos. 2,461,202 and 2,791,171. These patents relate to apixaban and its use in the treatment of thromboembolic disorders, and tablet formulations of apixaban, respectively. Pharmascience would need leave from the Supreme Court of Canada to appeal this......
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Smart & Biggar | Canada | 3 Aug 2022

2022 mid-year highlights in Canadian life sciences IP and regulatory law

The first half of 2022 saw a number of developments in Canadian life sciences IP and regulatory law, including the Patented Medicine Prices Review Board amendments coming into force, Health Canada's updated regulatory plan and various Federal Court and Federal Court of Appeal patent decisions. This article summarises the top stories from January 2022 to July 2022.
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Gowling WLG | Canada | 12 Jul 2022

Expert witness perils in SR&ED appeals

Persuasive expert opinion evidence is critical in scientific research and experimental development ("SR&ED") appeals before the Tax Court of Canada…
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Borden Ladner Gervais LLP | Canada | 28 Jun 2022

Valeurs mobilières et actions collectives : la Cour d’appel précise les critères de compétence en matière de droit international privé

Le 23 février 2022, la Cour d’appel a rendu un jugement clé en matière de valeurs mobilières dans l’arrêt Chandler v. Volkswagen Aktiengesellschaft…
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McCarthy Tétrault LLP | Canada | 24 Jun 2022

Federal Court of Appeal Confirms MEG Energy Does Not Infringe An Invalid Patent

The Federal Court of Appeal (“FCA”) dismissed the Appellants’ (“Mr. Swist’s”) appeal in Swist v. Meg Energy Corp.,this week in favor of MEG…
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Thorsteinssons LLP | Canada | 14 Jun 2022

Paletta Estate - Federal Court of Appeal Overturns Tax Court on Source of Income Test

In Canada v Paletta Estate (“Paletta FCA”), a unanimous panel of the Federal Court of Appeal (the “FCA”) overturned the decision of the Tax Court of…
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Thorsteinssons LLP | Canada | 25 May 2022

Dow Chemical - Federal Court of Appeal confirms limited jurisdiction of Tax Court

In Canada v Dow Chemical Canada ULC, the Federal Court of Appeal (the “FCA”) confirmed that the jurisdiction of the Tax Court of Canada does not…
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Thorsteinssons LLP | Canada | 6 Apr 2022

Nicole L. Tiessen Interior Design Ltd. v Canada - FCA Declines to Consider New Issues Raised on Appeal in s. 256(2.1) Anti-Avoidance Case

In Nicole L. Tiessen Interior Design LTD. v Canada (2021 TCC 29), the Tax Court of Canada (“TCC”) found that 30 corporations were deemed to be…
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