Justice Evans is retiring from the Federal Court of Appeal at the end of the year. He has been a member of the Federal Court of Appeal since 1999 and supernumerary since 2012. He joined the Federal Court in 1998.
According to Justice Evans’s biography available from the Federal Court of Appeal, prior to being appointed to the court, his focus was on immigration and administrative law.
In addition to authoring a number of significant immigration, tax and trade decisions, he has participated in many intellectual property appeals, most recently being on the panel on Ontario Dental Assistants Association v. Canadian Dental Association, 2013 FCA 279 and rendering the decision in Apotex v. Eli Lilly (Olanzapine; 2013 FCA 282) last week.
Some of his more frequently cited intellectual property decisions include:
- Canada (Attorney General) v. Celgene Corporation, 2009 FCA 378 (Thalidomide; upheld by the SCC in 2011 SCC 1) on the scope of the PMPRB;
- Biolyse Pharma Corp. v. Bristol-Myers Squibb Co., 2003 FCA 180 (Paclitaxel; reversed by the SCC in 2005 SCC 26)
- Ontario Assn. of Architects v. Assn. of Architectural Technologists of Ontario, 2002 FCA 218 on Section 9 marks.
- Pfizer Canada Inc. v. Apotex Inc., 2004 FCA 398 (Azithromycin) on the sufficiency of NOAs in PM(NOC) proceedings;
- Astrazeneca AB v. Apotex Inc., 2005 FCA 183 (Omeprazole)and Apotex Inc. v. Canada (Minister of National Health and Welfare), 2001 FCA 263 (Ciprofloxacin)on abuse of process in PM(NOC) proceedings;
- Eli Lilly and Company v. Teva Canada Limited, 2011 FCA 220 (Atomoxetine)on utility; and
- Tariff 22, 2002 FCA 166 (reversed in part by the SCC in 2004 SCC 45)
Please post a comment if there are decisions you think should be added to the list.
Justice Nadon, also a supernumery judge, was appointed earlier this year from the Federal Court of Appeal to the Supreme Court of Canada although is appointment is in limbo due to court challenges. The most recent appointment to the Federal Court of Appeal was Justice Near who was elevated to the court in February of this year.