Supreme Court of Canada News

Deborah Louise Douez v Facebook Inc (SCC Case: 36616)

The Supreme Court of Canada (SCC) is scheduled to hear this case on November 4, 2016. The Applicant brought a class action against Facebook Inc (Facebook), alleging it used her name and portrait in an advertisement product known as “Sponsored Stories” without her consent, contrary to the statutory tort created by British Columbia’s Privacy Act.  Facebook argued that the British Columbia (BC) court should decline jurisdiction because California was the designated choice of jurisdiction according to its forum selection clause. The BC Supreme Court dismissed Facebook’s application to have the Court decline jurisdiction.  The BC Court of Appeal allowed Facebook’s appeal, holding that its forum selection clause should be enforced (2015 BCCA 279, reversing 2012 BCSC 2097).

The SCC is expected to address to whether Facebook’s forum selection clause will be enforced in light of the protective statutes enacted in the public interest (British Columbia’s Court Jurisdiction and Proceedings Transfer Act).

Intervenor status was recently granted to the Canadian Civil Liberties Association, the Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic, the Information Technology Association of Canada and the Interactive Advertising Bureau of Canada. 

AstraZeneca Canada Inc v Apotex Inc (SCC Case: 36654, esomeprazole – NEXIUM®)

The SCC recently granted intervenor status to Innovative Medicines Canada and BIOTECanada, the Centre for Intellectual Property Policy, the Canadian Generic Pharmaceutical Association, the Fédération Internationale des Conseils en Propriété Intellectuelle, the Intellectual Property Owners Association and the Intellectual Property Institute of Canada.  The parties’ facta can be found here.  The SCC is scheduled to hear this case on November 8, 2016 and is expected to address whether a promised utility doctrine exists and the standard for patent utility in Canada.  The Federal Court of Appeal (FCA) decision was previously reported in E-TIPS Newsletter.

Teva Canada Limited v Pfizer Canada Inc (SCC Case:  37162, venlafaxine - EFFEXOR XR®)

Teva Canada Limited (Teva) has sought leave to appeal the FCA decision, which reversed the Federal Court’s decision awarding Teva Section 8 damages to compensate for the statutory delay triggered by Pfizer Canada Inc’s application under the Patented Medicines (Notice of Compliance) Regulations (Regulations) (previously reported in E-TIPS Newsletter).

Summary By: Robert Dewald