Pharmascience Inc. v. Pfizer Canada ULC, 2020 FC 1176 (Pregabalin*)
Justice O'Reilly - 2020-12-21
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The plaintiff, Pharmascience Inc, seeks damages against the defendant, Pfizer Canada ULC, pursuant to s 8 of the Patented Medicines (Notice of Compliance Regulations), SOR/93-133. Pharmascience alleges it lost sales of its pregabalin medication while it was kept off the market by virtue of Pfizer’s application under the Regulations to prohibit Pharmascience’s entry. The action is set down for trial before me in February 2021. In preparation for trial, Pharmascience sought an Order requiring Pfizer to produce unredacted copies of two settlement agreements between Pfizer and Teva. ... In respect of the first agreement, Pharmascience maintains that the Prothonotary erred in making disclosure contingent on Teva’s consent, and in finding that the information sought was not relevant. In respect of the second agreement, Pharmascience submits that the Prothonotary erred in finding the redacted information not relevant. With respect to both agreements, Pfizer responds by asserting settlement privilege over the redacted amounts. I find that the question of settlement privilege provides a complete answer to Pharmascience’s submissions. Therefore, I will confine these reasons to that issue alone.
Decision relates to:
- T-1434-14 - PHARMASCIENCE INC. v. PFZIER CANADA INC.