Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
33579
Celgene Corporation v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2011-06-09 | Appeal closed | |
| 2011-05-31 | Certificate of taxation issued to, Christopher Rupar | |
| 2011-05-30 | Decision on the bill of costs, in the amount of $6,678.75, Reg | |
| 2011-05-27 | Submission of the bill of costs, Reg | |
| 2011-05-10 | Bill of costs, Completed on: 2011-05-10 | Attorney General of Canada |
| 2011-01-21 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2011-01-21 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2011-01-20 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Federal Court of Appeal, Number A-177-09, 2009 FCA 378, dated December 23, 2009, heard on November 10, 2010 is dismissed with costs. Dismissed, with costs |
|
| 2010-11-29 | Transcript received, (60 pages) | |
| 2010-11-10 | Judgment reserved OR rendered with reasons to follow | |
| 2010-11-10 | Respondent's condensed book, submitted in Court (14 copies) | Attorney General of Canada |
| 2010-11-10 | Appellant's condensed book, submitted in Court (14 copies) | Celgene Corporation |
| 2010-11-10 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2010-11-10 |
Hearing of the appeal, 2010-11-10, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2010-11-03 | Correspondence received from, (Letter Form), Henry S. Brown, dated Nov.3/10, Re: update to the Court (sent to the judges on Nov.4/10) | Celgene Corporation |
| 2010-10-27 | Notice of appearance, William VAnveen and Henry S. Brown Q.C. will be appearing | Celgene Corporation |
| 2010-10-27 | Notice of appearance, Christopher Rupar and Jan Brongers will be appearing | Attorney General of Canada |
| 2010-10-08 | Respondent's book of authorities, CD rec'd Oct. 15, 2010, Completed on: 2010-10-18 | Attorney General of Canada |
| 2010-10-08 | Respondent's factum, CD rec'd Oct. 15/10, Completed on: 2010-10-18 | Attorney General of Canada |
| 2010-10-08 | Appeal perfected for hearing | |
| 2010-09-28 | Order on motion for leave to intervene, (BY ABELLA J.) | |
| 2010-09-28 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATION by Canada’s Research-Based Pharmaceutical Companies for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by Canada’s Research-Based Pharmaceutical Companies is dismissed. Dismissed |
|
| 2010-09-28 | Submission of motion for leave to intervene, Abe | |
| 2010-09-22 | Reply to the motion for leave to intervene, (to response by AG of Canada) (bookform), Completed on: 2010-09-22 | Canada's Research-Based Pharmaceutical Companies |
| 2010-09-22 | Reply to the motion for leave to intervene, (to response by Celgene Corp.) (bookform), Completed on: 2010-09-22 | Canada's Research-Based Pharmaceutical Companies |
| 2010-09-17 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2010-09-20 | Celgene Corporation |
| 2010-09-17 | Response to the motion for leave to intervene, (bookform), Completed on: 2010-09-17 | Attorney General of Canada |
| 2010-09-14 | Correspondence received from, S. Gomery dated September 14/10, re.: signed page 5 of Notice of motion to Intervene | Canada's Research-Based Pharmaceutical Companies |
| 2010-09-09 | Motion for leave to intervene, (bookform), Completed on: 2010-09-09 | Canada's Research-Based Pharmaceutical Companies |
| 2010-08-30 | Correspondence received from, Gowlings by e-mail, re.: request for 2 reserved seats at the hearing | Celgene Corporation |
| 2010-08-13 | Appellant's book of authorities, Completed on: 2010-08-18 | Celgene Corporation |
| 2010-08-13 | Appellant's record, Completed on: 2010-08-18 | Celgene Corporation |
| 2010-08-13 | Appellant's factum, CD Rom returned - CD Rom with factum only rec'd Aug. 18, 2010, Completed on: 2010-08-18 | Celgene Corporation |
| 2010-07-05 | Notice of hearing sent to parties | |
| 2010-07-05 |
Appeal hearing scheduled, 2010-11-10, (Start time 9:30 am) Judgment reserved |
|
| 2010-05-21 | Notice of appeal, Completed on: 2010-05-21 | Celgene Corporation |
| 2010-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2010-04-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2010-04-23 | Judgment on leave sent to the parties | |
| 2010-04-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-177-09, 2009 FCA 378, dated December 23, 2009, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2010-04-15 | Correspondence (sent by the Court) to, H. S. Brown, Q.C. re: enclosing a copy of the revised case summary c.c. to C. M. Rupar | |
| 2010-04-12 | Correspondence received from, Henry S. Brown, Q.C. dated Apr. 9/10 joint with a letter dated Apr. 7/10 from the FCA and with revised pages 17 and 22 of the reasons for judgment (sent to the Court Apr. 12/10) | Celgene Corporation |
| 2010-04-09 | Correspondence received from, Henry Brown dated April 8, 2010. Re: Case summary | Celgene Corporation |
| 2010-04-06 | All materials on application for leave submitted to the Judges, Bi F Ro | |
| 2010-03-26 | Applicant's reply to respondent's argument, Completed on: 2010-03-26 | Celgene Corporation |
| 2010-03-18 | Respondent's response on the application for leave to appeal, Completed on: 2010-03-18 | Attorney General of Canada |
| 2010-02-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2010-02-19 | Book of authorities | Celgene Corporation |
| 2010-02-19 | Application for leave to appeal, Completed on: 2010-02-19 | Celgene Corporation |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Celgene Corporation | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Celgene Corporation
Counsel
William Vanveen
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Canada
Counsel
John H. Sims, Q.C.
Jan Brongers
Bank of Canada Building - East Tower
234 Wellington Street, Room 1212
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Health law - Drugs - Patent Act, s. 80(1)(b) - Patented Medicine Prices Review Board’s decision holding that Board had jurisdiction to require Celgene Corporation to provide information about the pricing of the drug Thalomid - Board decision set aside on appeal - Federal Court of Appeal upheld Board’s decision - Whether the Patented Medicine Prices Review Board has jurisdiction with respect to medicine not sold in Canada.
The question before the Board was whether a patented medicine, sold by an American company and shipped from its factory in New Jersey to a physician in Canada to treat a patient in Canada, was thereby “sold in any market in Canada” within the meaning of s. 80(1)(b) of the Patent Act, even though it was agreed that common law commercial principles would regard the sale of the medicine as having occurred in New Jersey, U.S.A. The sales of Thalomid under review in this case were regulated under the Special Access Programme. The Board held that it had jurisdiction under s. 80(1)(b) to require the Appellant, Celgene Corporation, to provide information about the pricing of the drug Thalomid since January 1995. It rejected Celgene’s argument that it had no jurisdiction over the pricing of Thalomid because it was not being sold in Canada. The Federal Court set aside the Board’s decision; however, the majority of the Federal Court of Appeal allowed the appeal, set aside the Application Judge’s order and dismissed Celgene’s application for judicial review.
Lower court rulings
Federal Court of Appeal
T-278-08, 2009 FC 271
Decision of the Patented Medecine Prices Review Board set aside
Federal Court of Appeal
A-177-09, 2009 FCA 378
Appeal allowed; order of Applications Judge set aside and Celgene's for judicial review dismissed
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available