Federal Court


Administrative Law

JUDICIAL REVIEW

There was no concern about court encroaching into areas of executive or legislative policy

Minister of Health restricted importation of drugs from two of manufacturers’ facilities. Minster’s decision in issue varied terms and conditions of manufacturers’ drug and establishment licences in respect of facilities. Minister had since issued decision where it removed all terms and conditions on establishment licences for facilities. Manufacturers applied for judicial review. Application granted. Judicial review was moot, as decision and restrictions on import it imposed ceased to exist. There was no live controversy between parties. Court exercised discretion to hear matter on merits as there was still adversarial context, and outcome of judicial review might impact any action for damages brought by manufacturers related to import ban. Decision on merits would have practical effect on parties’ rights, which mitigated concerns over judicial economy. There was no concern about court encroaching into areas of executive or legislative policy.

Apotex Inc. v. Canada (Minister of Health) (Jun. 15, 2016, F.C., Michael D. Manson J., T-1653-15) 269 A.C.W.S. (3d) 602.

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