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The Federal Court of Appeal (FCA) dismissed an appeal by Merck from a decision of the Federal Court... dismissing Merck’s application for judicial review of Health Canada’s refusal to...
Merck argued Health Canada unreasonably held that the Time Limits Act) did not have the effect of suspending this 30-day time period. The Time Limits Act suspended a number of federally-legislated deadlines, including time limits related to limitation periods for commencing a court proceeding. Merck argued that subsection 4(6) functions as a “gateway” to the summary litigation provisions of the PMNOC Regulations and therefore the 30-day time period is a “limitation period within a limitation period”. The Federal Court disagreed, holding that the listing of a patent on the Patent Re...