Pfizer Canada Inc. v. Teva Canada Limited, 2016 FCA 161 (Venlafaxine*)
Justice Stratas; Justice Ryer; Justice Gleason - 2016-05-31
Read full decision. Summary prepared by Alan Macek:
Pfizer appeals from the judgment of Justice Zinn (2014 FC 248 and 2014 FC 634) relating to liability for damages under Section 8. The FCA agreed with the appellant that a reversible error was made regarding the admission of and reliance upon hearsay evidence. The decision discusses whether Teva "would have" and "could have" supplied the generic product in the hypothetical world in a Section 8 proceeding and how that is to be proved and which party has the onus. There is also a discussion of hearsay evidence and authenticating documents through witnesses. The matter was remanded for redetermination, excluding the hearsay evidence.
Decision relates to:
- A-422-14 - PFIZER CANADA INC. v. TEVA CANADA LIMITED which is an appeal from 2014 FC 634 in T-1844-07