Latanoprost decision affirmed

Pfizer Canada Inc. v. Pharmascience Inc. / latanoprost (NOC), 2011 FCA 102 Noël JA: Trudel, Mainville JJA affm’g 2009 FC 1294 Heneghan J

The opinion of the FCA affirming Heneghan J’s decision granting an order of prohibition respecting Latanoprost ophthalmic solution is of course of interest to the parties, but there is little in it of general legal interest. This is not surprising, given the cautious style of Heneghan J’s decision. She set out the law by quoting leading cases, reviewed the evidence descriptively, and then set out her conclusions briefly in light of that evidence. While counsel for the appellant did their best to find an appealable point of law, in the end the appeal turned primarily on findings of fact. As there was enough evidence to support her conclusions, the appeal was dismissed.