Canada’s Intellectual Property Law Firm

Quebec Court declines to dismiss claim under Ontario Statute of Monopolies for lack of jurisdiction

In an action relating to amlodipine besylate (Pfizer’s NORVASC), Apotex is seeking relief in the Quebec Superior Court pursuant to the Ontario Statute of Monopolies, U.K. Statute of Monopolies, the Trade-marks Act, and unjust enrichment. Pfizer brought a motion to dismiss Apotex’s claim. On April 25, 2018, the Quebec Superior Court dismissed an application by Pfizer (part of the motion to dismiss) to dismiss the action, finding that the Quebec Superior Court has jurisdiction to adjudicate Apotex’s claim under the Ontario Statute of Monopolies: Apotex Inc c Pfizer Limited, 2018 QCCS 1765. The balance of Pfizer’s motion to dismiss has been deferred to the trial in the liability phase of the proceeding.