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Supreme Court of Canada denies Apotex leave to appeal Federal Court of Appeal’s rejection of judicial review of Health Canada decision regarding India facilities

As previously reported, the Federal Court of Appeal (FCA) dismissed Apotex’s appeal of a judicial review decision of the Therapeutic Products Directorate (TPD) which required Apotex to submit additional information concerning products manufactured or tested in Apotex’s facilities in India. The FCA found that the Federal Court made no reviewable error in its conclusion that the TPD’s decision was not improperly motivated. On February 22, 2019, the Supreme Court dismissed Apotex’s application for leave to appeal (docket No. 38336).