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Inutility finding overturned by Federal Court of Appeal in first application of Supreme Court’s Esomeprazole decision
  • Gowling WLG
  • Canada
  • September 22 2017

The Federal Court of Appeal's (FCA) first application of the Supreme Court of Canada's (SCC) decision in AstraZeneca Canada v Apotex

Minister can’t have her cake and eat it too: Federal Court of Appeal declares interest payable to taxpayer
  • Gowling WLG
  • Canada
  • September 19 2017

Overturning a decision of the Federal Court (“FC”), the Federal Court of Appeal (“FCA”)1 declared that the Minister of National Revenue (“Minister”

Federal Court of Appeal Reluctantly Allows BC Attorney General to Intervene in Trans Mountain Appeal
  • Aird & Berlis LLP | Aird & McBurney LP
  • Canada
  • September 5 2017

On August 29, 2017, the Federal Court of Appeal (FCA) issued a Decision allowing the Attorney General of British Columbia (AG-BC) to intervene in an

Taxpayer successful in the Federal Court of Appeal on interest dispute
  • Thorsteinssons LLP
  • Canada
  • August 24 2017

In Grenon v. Canada (National Revenue), 2017 FCA 167, the Federal Court of Appeal overturned the Federal Court’s decision and held that the taxpayer

Federal or Provincial Regulation? One of the Many Challenges Facing Energy Projects
  • Borden Ladner Gervais LLP
  • Canada
  • August 23 2017

From the small town of Smithers, British Columbia, Michael Sawyer applied to the National Energy Board (the "NEB") requesting it to determine and

Federal Court of Appeal remits decision based on hearsay evidence back to the Federal Court for redetermination
  • PCK Perry + Currier Inc Currier + Kao LLP
  • Canada
  • August 22 2017

Stakes can be very high in patent lawsuits, compelling parties to include as much evidence in their favour as possible. However, as with any type of

Gilead prevails in SOVALDI appeal
  • Smart & Biggar/Fetherstonhaugh
  • Canada
  • August 22 2017

The Federal Court of Appeal recently affirmed a trial decision relating to two competing patents over Gilead’s SOVALDI (sofosbuvir). In the trial

Federal Court of Appeal remits matter to Federal Court to receive evidence concerning late-asserted mandatory exemption for the production of requested records
  • Harper Grey LLP
  • Canada
  • August 15 2017

The Federal Court of Appeal overturned the Federal Court’s decision requiring the production of documents in the hands of a government institution on

Trademark enforcement in Canada
  • Borden Ladner Gervais LLP
  • Canada, Global
  • August 9 2017

A structured guide to trademark enforcement laws in Canada

Making a constitutional case out of constructing pipelines
  • Dentons
  • Canada
  • August 8 2017

In recent years, one of the most significant challenges faced by major pipeline projects has been the constitutional question of whether governments