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Litigation in Life Sciences

Our litigation group works with our life sciences clients to identify, reduce and manage their legal risks, and when litigation occurs, to help achieve successful and cost-efficient solutions.
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Successful dispute resolution requires lawyers with an understanding of highly complex technical issues, familiarity with diverse disciplines, and overall litigation expertise and experience. Clients rely on our depth of litigation experience across all of Canada’s major business regions, and our time-tested judgment, to determine and implement the most effective and cost-efficient defence strategies which align with our clients’ legal, and business, objectives.


As business transcends international borders, so do disputes. It is important to have cross-border litigation strategies that align and protect interests in every jurisdiction where your business operations are active and you sell products. We have a critical mass of litigation lawyers in each of Canada’s major business regions who work as seamless national teams for our clients. This provides our clients with two distinct benefits: (1) reduced cost, as we do not need to have teams of lawyers travel from province to province, and (2) more effective legal representation because of the greater familiarity of our lawyers “on the ground” with their local judiciary and practices. Beyond that, we regularly work with our clients’ US outside counsel in litigation which involves parallel proceedings on both sides of the US-Canada border. We understand the similarities and differences between Canadian and US legal processes and rules, and we are able to work collaboratively and efficiently with our clients’ US counsel, for the benefit of our mutual clients.


Some of our most notable work includes acting for an intervenor in the seminal Supreme Court of Canada “promise of the patent” decision, which will change the law on patent utility by lowering the threshold to align with standards adopted by trading partners; representing one of the largest prosthetic hip implant manufacturers in multiple product liability class actions respecting metal-on-metal hip implants; and representing a major multi-national food processing company in a proposed national consumer rights class action involving allegations of false and misleading labelling on a well-known food product. In addition, we have represented clients in disputes that have influenced regulatory policy. Our work has been recognized and awarded by respected organizations including Chambers, Who’s Who Legal, LMG Life Sciences, etc.


Read our publications, browse some of our recent life sciences work we’ve assisted with or contact any of our lawyers to learn more. 


Client Work

  • The Supreme Court rejects the “promise of the patent” doctrine and redefines the utility requirement for inventions patented in Canada,
  • Global medical device manufacturer successfully challenges Health Canada medical device license suspension,
  • Canadian diagnostic medical device manufacturer negotiates and concludes license and distribution agreement for Africa,
  • Global biologic drug manufacturer successfully defends competitor complaint,
  • Canadian medical instrument manufacturer successfully disputes extra-territorial application of US Consent Order,
  • Apotex Inc. v. H. Lundbeck A/S,
  • Lundbeck Canada Inc. v. Cobalt Pharmaceuticals Inc. (now Actavis),
  • Lundbeck Canada Inc. v. Novopharm Limited and the Minister of Health/Ratiopharm Inc. and the Minister of Health/Pharmascience Inc. and the Minister of Health/Sandoz Canada Inc. and the Minister of Health- escitalopram NOC proceedings,
  • Biovail Corporation and Laboratoires des Produits Éthiques Éthypharm v. RhoxalPharma Inc. and the Minister of Health,



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