This Week at the SCC (31/10/2014)

The Supreme Court of Canada this week issued a judgment in one case, granted leave to appeal in one case, and denied leave to appeal in one case of interest to Canadian businesses.

In Thibodeau v. Air Canada, 2014 SCC 67, the Supreme Court of Canada ruled that the claims of airline passengers arising from a breach of an airline’s obligation to provide services in French under the federal Official Languages Act was precluded by the Convention for the Unification of Certain Rules for International Carriage by Air.

The Supreme Court of Canada also granted leave to appeal in Sanofi-Aventis et al v. Apotex Inc., which involves a claim under the Patented Medicines (Notice of Compliance) Regulations by a generic manufacturer whose market entry was delayed by a statutory stay caused by an ultimately unsuccessful prohibition proceeding by the patent holders.

Leave to appeal was refused by the Supreme Court of Canada in Roberts v. E. Sands & Associates Inc. from the decision of the British Columbia Court of Appeal holding that the claims of class members under the provincial Securities Act were time-barred.

The McCarthy Tétrault Opinions Group consists of members of the firm’s litigation department whose practices focus on written advocacy and the provision of strategic advice and opinions in the context of complex business disputes and transactions.  The members of the Opinions Group are Anthony Alexander, Martin Boodman, Brandon Kain and Hovsep Afarian.

 

 

 

 

2014 BCCA 122 2014 FCA 68 2014 SCC 67 Apotex Inc. delayed market entry French language rights generic manufacturer leave to appeal limitation period Montreal Convention Official Languages Act patent Patented Medicines (Notice of Compliance) Regulations Roberts v. E. Sands & Associates Inc. Sanofi-Aventis Securities Act Supreme Court of Canada Thibodeau v. Air Canada

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