Apotex Inc v Pfizer Canada Inc, 2014 FC 159 Aalto J
Atorvastatin / LIPITOR
In this decision Aalto J granted a novel bifurcation order sought by Pfizer, to the effect that the
issue of the start date for damages under s 8 of the NOC Regulations will be determined
separately from and prior to the other issues in the case. I won’t comment on the balancing of the
various factors considered by Aalto J, but I do note that determination of the start date has been
one of the more contentious issues in the recent spate of s 8 litigation.
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