Pharmascience Inc. v. Pfizer Canada ULC, 2020 FC 1175 (Pregabalin*)
Justice O'Reilly - 2020-12-21
Read full decision. Automatically generated summary:
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, Pfizer sought an Order requiring Pharmascience to produce further documents showing the amounts of rebates that it would have granted to retailers of its pregabalin product. Rebates significantly affect the amount of damages to which Pharmascience would be entitled if successful. ... In an Order dated August 5, 2020, Prothonotary Kevin Aalto denied Pfizer’s request. ... In my view, the Prothonotary did not misstate or misapply any legal test, and did not overlook Pharmascience’s duty to disclose relevant documents. I must, therefore, dismiss Pfizer’s appeal.
Decision relates to:
- T-1434-14 - PHARMASCIENCE INC. v. PFZIER CANADA INC.