Latest updates

Amended Patented Medicines Regulations will come into force on 1 January 2021
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 03 June 2020

The Patented Medicine Prices Review Board recently announced that the amended Patented Medicines Regulations will now come into force on 1 January 2021. Further, a revised set of draft guidelines will be published during the week of 15 June 2020, followed by a 30-day consultation period.

First decision under amended PMNOC Regulations: Federal Court finds Amgen's filgrastim patent obvious
Smart & Biggar
  • Intellectual Property
  • Canada
  • 25 May 2020

The Federal Court recently issued the first decision under the amended Patented Medicines (Notice of Compliance) Regulations. In the decision, Pfizer was successful in establishing obviousness of the asserted claims of Canadian Patent 1,341,537 relating to filgrastim (Amgen's NEUPOGEN and Pfizer's biosimilar product NIVESTYM).

First decision under amended PMNOC Regulations: Federal Court finds Amgen's filgrastim patent obvious
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 20 May 2020

The Federal Court recently issued the first decision under the amended Patented Medicines (Notice of Compliance) Regulations. In the decision, Pfizer was successful in establishing obviousness of the asserted claims of Canadian Patent 1,341,537 relating to filgrastim (Amgen's NEUPOGEN and Pfizer's biosimilar product NIVESTYM).

Business interruption insurance resulting from COVID-19 pandemic: what your policy may cover
Theall Group LLP
  • Insurance
  • Canada
  • 19 May 2020

In the fight against the COVID-19 pandemic, businesses are closing or restricting their operations across Canada. It is clear is that these measures, although necessary to protect public health, are causing lost revenue and increased expenses. This article provides information on business interruption insurance (BII), which is a common type of commercial property insurance. For many insureds, BII is the coverage most likely to respond to losses resulting from restrictions imposed to fight COVID-19.

COVID-19: CIPO deadlines extended until 1 June 2020
Smart & Biggar
  • Intellectual Property
  • Canada
  • 18 May 2020

In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark and industrial design deadlines fixed under the relevant legislation. Deadlines up to 29 May 2020 have now been extended until 1 June 2020. The CIPO may decide to extend deadlines further, depending on how circumstances evolve.

Can good faith require parties to help each other properly exercise their rights?
Lapointe Rosenstein Marchand Melançon LLP
  • Franchising
  • Canada
  • 12 May 2020

It is well known that franchisors have been facing increasing pressure to conduct themselves in accordance with the principles of good faith. A recent Ontario Superior Court case has led to questions with respect to a franchisor's duty to protect its franchisee's right to operate in circumstances where the franchisor is the gatekeeper of rights with respect to a third party. In its decision, the court navigated the duty of good faith owed in respect of the renewal of a head lease between a franchisor and a landlord.

CIPO deadlines further extended
Smart & Biggar
  • Intellectual Property
  • Canada
  • 04 May 2020

​In view of the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has further extended patent, trademark and industrial design deadlines fixed under the relevant legislation. Deadlines up to 15 May 2020 are now extended until 19 May 2020 (18 May 2020 being Victoria Day, when the CIPO is closed to the public).

Proposed class action claims refunds for flights cancelled due to COVID-19
Bersenas Jacobsen Chouest Thomson Blackburn LLP
  • Aviation
  • Canada
  • 29 April 2020

Air Canada, WestJet, Air Transat, Sunwing, and Swoop are facing a proposed class action for offering vouchers and credits in lieu of refunds for flights that were cancelled due to the COVID-19 pandemic. It remains to be seen whether a class action with such a wide scope – as opposed to a government bailout or coordinated response from regulators – will be considered the most efficient way to deal with the claims of those whose flights have been cancelled due to COVID-19.

COVID-19 and the franchise landscape
Lapointe Rosenstein Marchand Melançon LLP
  • Franchising
  • Canada
  • 28 April 2020

While some franchised businesses have transitioned to working remotely and have ramped up their e-commerce business models in light of the COVID-19 pandemic, the vast majority of traditional franchised businesses are in a precarious state due to a drastic reduction in revenues and uncertain economic conditions for the foreseeable future. This article sets our practical tips and considerations for franchisors and franchisees with respect to navigating COVID-19.

Canada Summer Jobs programme temporarily changed due to COVID-19
Fasken
  • Employment & Immigration
  • Canada
  • 22 April 2020

The federal government has announced temporary changes to the Canada Summer Jobs programme in an effort to encourage youth employment during the COVID-19 pandemic. The government projects that the earmarked C$263 million in funding will create up to 70,000 jobs for young people. The temporary changes include increasing the wage subsidy for private and public sector employers and allowing employers to hire staff on a part-time basis.

Employee privacy issues during COVID-19 pandemic
Fasken
  • Employment & Immigration
  • Canada
  • 15 April 2020

Employers that are continuing operations during the COVID-19 pandemic must take reasonable steps to protect the health and safety of their workers. In order to do this, employers may need to ask employees some personal questions about their health status or conduct health assessments. However, privacy laws continue to apply. This article provides information about various privacy law issues that may arise when employers request personal health information from employees.

CIPO deadlines extended
Smart & Biggar
  • Intellectual Property
  • Canada
  • 13 April 2020

Due to the ongoing COVID-19 pandemic, the Canadian Intellectual Property Office has further extended patent, trademark and industrial design deadlines fixed under the relevant legislation. Deadlines up to 30 April 2020 have now been extended until 1 May 2020.

Government further expands wage subsidy for employers
Fasken
  • Employment & Immigration
  • Canada
  • 08 April 2020

The government recently announced that employers which experience a COVID-19-caused revenue loss of at least 30% will be eligible for a subsidy of up to 75% of each employee's wages. According to the oral announcement, the subsidy will, among other things, extend to charities, non-profit organisations and large and small businesses, apply to the first C$58,700 earned per employee and be retroactive to 15 March 2020.

Parliament passes legislation implementing USMCA
Smart & Biggar
  • Intellectual Property
  • Canada
  • 06 April 2020

Bill C-4, which implements the US-Mexico-Canada Agreement (USMCA), has received royal assent from the governor general. The USMCA will replace the North American Free Trade Agreement and require numerous changes to Canada's IP laws. The provisions of Bill C-4 that are relevant to intellectual property will come into force on a day to be determined by order of the governor in council.

OCT benefits cap and private label product restrictions abolished
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 01 April 2020

Most of the final amendments to regulations made under the Ontario Drug Benefit Act and the Drug Interchangeability and Dispensing Fee Act came into effect on or before 1 January 2020, following public consultations. One notable change compared with the proposed amendments is the removal of the financial cap on ordinary commercial term benefits. Further, private label products will no longer be prohibited from being designated as a listed drug product or interchangeable.

Workforce planning during COVID-19 pandemic: options for employers
Fasken
  • Employment & Immigration
  • Canada
  • 01 April 2020

The COVID-19 pandemic has caused disruptions and slowdowns in almost all industries. The situation is fluid and government, business and social responses have and must be dynamic. This article discusses the options available to employers outside Quebec to manage the unexpected downturns and, if necessary, reduce their labour force. All of the options may create risks, including circumstances where an employee could allege constructive dismissal and claim termination entitlements.

Federal Court of Appeal remands Remicade new use patent decision on anticipation and obviousness
Smart & Biggar
  • Intellectual Property
  • Canada
  • 30 March 2020

In 2018 the Federal Court found that Kennedy's new use patent for infliximab (Janssen's Remicade) was valid and had been infringed by Hospira's biosimilar Inflectra. However, in January 2020 the Federal Court of Appeal released a decision remitting for reconsideration by the trial judge certain issues relating to the validity of Canadian Patent 2,261,630.

COVID-19 and workplace government updates: cross-Canada review
Fasken
  • Employment & Immigration
  • Canada
  • 25 March 2020

Governments across Canada have recently made multiple announcements regarding the coronavirus (COVID-19) pandemic. To help make things easier for employers, this article summarises the announcements from all provinces that touch on workplace issues. Common issues concerning COVID-19 include self-isolation, sickness benefits and layoffs.

Federal Court of Appeal remands Remicade new use patent decision on anticipation and obviousness
Smart & Biggar
  • Healthcare & Life Sciences
  • Canada
  • 25 March 2020

In 2018 the Federal Court found that Kennedy's new use patent for infliximab (Janssen's Remicade) was valid and had been infringed by Hospira's biosimilar Inflectra. However, in January 2020 the Federal Court of Appeal released a decision remitting for reconsideration by the trial judge certain issues relating to the validity of Canadian Patent 2,261,630.

Government restricts travel to Canada by foreign nationals
Bersenas Jacobsen Chouest Thomson Blackburn LLP
  • Aviation
  • Canada
  • 25 March 2020

The minister of transport recently issued an interim order regarding the denial of boarding to foreign nationals on international flights to Canada and a health check that air operators flying to Canada must conduct prior to boarding. This article summarises the interim order's key points.