On April 27, 2023, the Supreme Court of Canada dismissed an application by Apotex Inc. and Apotex Pharmachem Inc. (Apotex) for leave to appeal from a decision of the Ontario Court of Appeal (ONCA), dismissing its claim for damages in the Ontario courts under the Statutes of Monopolies and other novel causes of action.

In the Courts below, Apotex argued that it was entitled to damages – beyond those afforded by section 8 of the PM(NOC) Regulations – if an innovator excluded it from the market under with a patent that was subsequently held invalid and void ab initio. As we reported, in August 2022, the ONCA found that Apotex’s claims lacked merit. The Court confirmed that innovators are not liable beyond section 8 for the legitimate exercise of their rights under the Patent Act and the PM(NOC) Regulations (see here).