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This week at the SCC

|Written By David Dias

This week, the Supreme Court of Canada will hear four appeals, including Rocco Galati’s constitutional challenge of Federal Court of Appeal Justice Robert Mainville to the Quebec Court of Appeal, as well as a business appeal that will determine whether patent proceedings can be used to delay expiry.

supreme court of canada

April 20 – Federal – Sanofi-Aventis v. Apotex

Patent law: Sanofi-Aventis had patent protection for the hypertension drug Ramipril. The patents were set to expire in 2002. In an effort to extend the protection, Sanofi obtained a series of patents for other indications, which were challenged by Apotex, a generic drugmaker. Sanofi applied for prohibition orders, triggering a statutory stay that kept Apotex and other generic manufacturers from producing Ramipril for two years. At the Federal Court, Apotex argued that Sanofi had applied for prohibition orders only to delay Apotex from entering the market and sought damages for the delay.

Read the Federal Court of Appeal’s decision

April 23 – Quebec – Caplin v. Canada and Canada v. Barnaby

Extradition: The U.S. is seeking the extradition of David Caplin and Anthony Barnaby for the murder of two women. The alleged murders occurred in 1988 in New Hampshire. In 1990, Caplin was charged, but a successful motion to exclude evidence left prosecutors without a case, and the charges were dropped. Anthony Barnaby, meanwhile, was indicted and tried on three occasions, with each trial ending in a hung jury. In 2010, New Hampshire State authorities reopened the investigation and new warrants were obtained. The SCC will review the standards of due process that should be imposed on requesting states.

Read the Quebec Court of Appeal’s decision

Related news stories:

Top court to hear appeals in decades-old N.H. double murder, CTV News

Quebec refuses to return man for fourth murder trial, New Hampshire Union Leader

April 24 – Quebec – Quebec v. Canada

Constitutional law: Following the judicial review of Ottawa’s failed appointment of Justice Marc Nadon from the Federal Court to the Supreme Court of Canda, lawyer Rocco Galati and the Constitutional Rights Centre have sought judicial review of the appointment of Robert Mainville, who on June 13, 2014, was appointed from the Federal Court of Appeal to the Quebec Court of Appeal. The SCC has been asked to resolve whether s. 98 of the Constitution Act applies to Quebec’s appeal court, and whether someone from the Federal Court can be appointed to the appeal court.

Read the Quebec Court of Appeal’s decision

Related news stories:

Quebec Court of Appeal rules in favour of Robert Mainville appointment, The Globe and Mail

Toronto lawyer Rocco Galati tries to block another Harper judicial appointment, Toronto Star




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