Supreme Court of Canada Hearings

Pharmascience Inc. v. Janssen Inc., et al. (41209)

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)Canadian Patent No. 2,655,335 (“’335 Patent”), which was issued to Janssen Pharmaceutica N.V. for INVEGA SUSTENNA, involves a suspension of paliperidone palmitate for the treatment of schizophrenia and related disorders. The ’335 Patent teaches a dosing regimen to achieve an optimum plasma concentration-time profile. Its claims have been construed in previous litigation and are not in issue: Janssen Inc. v. Teva Canada Ltd., 2020 FC 593,; Janssen Inc. v. Pharmascience Inc., 2022 FC 62, aff’d 2024 FCA 10 (“PMS Paliperidone”)). Its disclosure indicated that “[t]hose of ordinary skill in the art will understand that the maintenance dose may be [adjusted] up or down in view of patients condition (response to the medication and renal function)”.Pharmascience Inc. has served two Notices of Allegation in respect of pms-PALIPERIDONE PALMITATE, its proposed generic version of INVEGA SUSTENNA. In 2020, Janssen’s infringement action related to Pharmascience’s Abbreviated New Drug Submission No. 236094 was discontinued on consent. Shortly thereafter, Pharmascience served a Notice of Allegation and Detailed Statement in respect of a different Abbreviated New Drug Submission — No. 244641 — seeking approval to market and sell doses of pms-PALIPERIDONE PALMITATE. Janssen again commenced an infringement action under s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. In that proceeding, Pharmascience moved for summary trial. It was found that if Pharmascience’s pms-PALIPERIDONE PALMITATE was made, constructed, used or sold as set out in the Abbreviated New Drug Submission, it would influence prescribers to prescribe the dosing regimen claimed in the ’335 Patent, leading to direct infringement: PMS Paliperidone. The defence of invalidity went forward, with Janssen seeking a declaration that Pharmascience would infringe the ’335 Patent if it were to make, use or sell pms-PALIPERIDONE PALMITATE in 50, 75, 100 and 150 mg doses.The Federal Court found that the Patent was not invalid based on obviousness or for lack of patentable subject matter. The claims provided specified dosing regimens meant to produce a concentration of the medication within the therapeutic range. If a physician chose to use a dose other than that claimed, to stop treatment or to change therapies, they would no longer be practicing the claimed invention. The Court of Appeal dismissed Pharmascience’s appeal, finding that the use of the invention did not require the exercise of skill and judgment. Argued Date 2025-10-09 Keywords Intellectual property — Patents — Validity — Lack of patentable subject matter — Method of medical treatment — Vendible product — Skill and judgment — Fixed or variable dosing regimen — Canadian Patent No. 2,655,335 teaches dosing regimen that includes first loading dose, second loading dose and monthly maintenance doses — Regimen incorporates dosing windows of +/- 2 days for the second loading dose and +/- 7 days for the maintenance doses — Whether patent is invalid in that it claims an unpatentable method of medical treatment. Notes (Federal) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Pharmascience Inc. v. Janssen Inc., et al. (41209)

(CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)Canadian Patent No. 2,655,335 (“’335 Patent”), which was issued to Janssen Pharmaceutica N.V. for INVEGA SUSTENNA, involves a suspension of paliperidone palmitate for the treatment of schizophrenia and related disorders. The ’335 Patent teaches a dosing regimen to achieve an optimum plasma concentration-time profile. Its claims have been construed in previous litigation and are not in issue: Janssen Inc. v. Teva Canada Ltd., 2020 FC 593,; Janssen Inc. v. Pharmascience Inc., 2022 FC 62, aff’d 2024 FCA 10 (“PMS Paliperidone”)). Its disclosure indicated that “[t]hose of ordinary skill in the art will understand that the maintenance dose may be [adjusted] up or down in view of patients condition (response to the medication and renal function)”.Pharmascience Inc. has served two Notices of Allegation in respect of pms-PALIPERIDONE PALMITATE, its proposed generic version of INVEGA SUSTENNA. In 2020, Janssen’s infringement action related to Pharmascience’s Abbreviated New Drug Submission No. 236094 was discontinued on consent. Shortly thereafter, Pharmascience served a Notice of Allegation and Detailed Statement in respect of a different Abbreviated New Drug Submission — No. 244641 — seeking approval to market and sell doses of pms-PALIPERIDONE PALMITATE. Janssen again commenced an infringement action under s. 6(1) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133. In that proceeding, Pharmascience moved for summary trial. It was found that if Pharmascience’s pms-PALIPERIDONE PALMITATE was made, constructed, used or sold as set out in the Abbreviated New Drug Submission, it would influence prescribers to prescribe the dosing regimen claimed in the ’335 Patent, leading to direct infringement: PMS Paliperidone. The defence of invalidity went forward, with Janssen seeking a declaration that Pharmascience would infringe the ’335 Patent if it were to make, use or sell pms-PALIPERIDONE PALMITATE in 50, 75, 100 and 150 mg doses.The Federal Court found that the Patent was not invalid based on obviousness or for lack of patentable subject matter. The claims provided specified dosing regimens meant to produce a concentration of the medication within the therapeutic range. If a physician chose to use a dose other than that claimed, to stop treatment or to change therapies, they would no longer be practicing the claimed invention. The Court of Appeal dismissed Pharmascience’s appeal, finding that the use of the invention did not require the exercise of skill and judgment. Argued Date 2025-10-09 Keywords Intellectual property — Patents — Validity — Lack of patentable subject matter — Method of medical treatment — Vendible product — Skill and judgment — Fixed or variable dosing regimen — Canadian Patent No. 2,655,335 teaches dosing regimen that includes first loading dose, second loading dose and monthly maintenance doses — Regimen incorporates dosing windows of +/- 2 days for the second loading dose and +/- 7 days for the maintenance doses — Whether patent is invalid in that it claims an unpatentable method of medical treatment. Notes (Federal) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Deborah Carol Riddle v. ivari (40986)

The appellant’s spouse went missing in 2008. In 2017, the appellant obtained a declaratory judgment of her spouse’s death pursuant to art. 92 of the Civil Code of Québec in a proceeding contested by the spouse’s life insurance company. After the spouse was declared deceased, the life insurance company applied to annul the declaration of death on the basis that there was evidence he was alive in another country as late as 2018. The application was not served on the party declared to have died.The Superior Court of Quebec judge granted the life insurance company’s application and annulled the declaration of death. She concluded that there was no prejudice flowing from the fact that the application was not served on the declared decedent. The Court of Appeal allowed an appeal only with respect to application judge’s costs award but otherwise affirmed the Superior Court judge’s decision. Argued Date 2025-10-10 Keywords Status of persons — Absence — Return — Declaratory judgment of death — Life insurance company seeking to annul declaratory judgment of death — What proof of return is required to annul a declaratory judgment of death — Whether an application by a third party to annul a declaratory judgment of death must be served on the person declared to be deceased — Civil Code of Québec, arts. 92, 97, 98. Notes (Quebec) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Deborah Carol Riddle v. ivari (40986)

The appellant’s spouse went missing in 2008. In 2017, the appellant obtained a declaratory judgment of her spouse’s death pursuant to art. 92 of the Civil Code of Québec in a proceeding contested by the spouse’s life insurance company. After the spouse was declared deceased, the life insurance company applied to annul the declaration of death on the basis that there was evidence he was alive in another country as late as 2018. The application was not served on the party declared to have died.The Superior Court of Quebec judge granted the life insurance company’s application and annulled the declaration of death. She concluded that there was no prejudice flowing from the fact that the application was not served on the declared decedent. The Court of Appeal allowed an appeal only with respect to application judge’s costs award but otherwise affirmed the Superior Court judge’s decision. Argued Date 2025-10-10 Keywords Status of persons — Absence — Return — Declaratory judgment of death — Life insurance company seeking to annul declaratory judgment of death — What proof of return is required to annul a declaratory judgment of death — Whether an application by a third party to annul a declaratory judgment of death must be served on the person declared to be deceased — Civil Code of Québec, arts. 92, 97, 98. Notes (Quebec) (Civil) (By Leave) (Sealing order) (Certain information not available to the public) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Richard Leonard Walker v. His Majesty the King (41703)

During the course of an investigation under the Traffic Safety Act, a police officer attempted to effect a warrantless arrest of the applicant for obstruction under s. 129(a) of the Criminal Code. In a pre-trial application, the trial judge found that the police officer was not executing a lawful arrest, and therefore breached the applicant’s s. 9 Charter right not to be arbitrarily detained by attempting the arrest. The trial judge acquitted the applicant of assault causing bodily harm. The Court of Appeal allowed the appeal, and ordered a new trial. Argued Date 2025-10-17 Keywords Criminal law — Arrest — Can a police officer arrest an individual for obstruction under the Criminal Code, during the course of a regulatory (or municipal) investigation where the regulatory (or municipal) statute provides for a lesser enforcement remedy — Does the discretion referenced in Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 allow police officers to engage the more serious Criminal Code provisions during the course of an investigation for less serious regulatory or municipal offences? Notes (Alberta) (Criminal) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Richard Leonard Walker v. His Majesty the King (41703)

During the course of an investigation under the Traffic Safety Act, a police officer attempted to effect a warrantless arrest of the applicant for obstruction under s. 129(a) of the Criminal Code. In a pre-trial application, the trial judge found that the police officer was not executing a lawful arrest, and therefore breached the applicant’s s. 9 Charter right not to be arbitrarily detained by attempting the arrest. The trial judge acquitted the applicant of assault causing bodily harm. The Court of Appeal allowed the appeal, and ordered a new trial. Argued Date 2025-10-17 Keywords Criminal law — Arrest — Can a police officer arrest an individual for obstruction under the Criminal Code, during the course of a regulatory (or municipal) investigation where the regulatory (or municipal) statute provides for a lesser enforcement remedy — Does the discretion referenced in Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46 allow police officers to engage the more serious Criminal Code provisions during the course of an investigation for less serious regulatory or municipal offences? Notes (Alberta) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King v. Thi Huyen Nguyen, et al. (41400)

A police investigation into the production of marijuana led to criminal proceedings against 11 individuals. A stay of proceedings was entered for the respondents in light of unreasonable delays. The Court of Québec dismissed the motion to dismiss the motion for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. The Quebec Superior Court dismissed the motion for prohibition and certiorari in aid. The Quebec Court of Appeal set aside the Superior Court judge’s decision and stated that the Court of Québec did not have the jurisdiction required to deal with motions for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. Argued Date 2025-10-16 Keywords Criminal law — Proceeds of crime — Offence related property — Restraint order — Jurisdiction of provincial court — Appropriate procedural vehicles — Whether property included in application for forfeiture pursuant to s. 462.37(2) of Criminal Code and s. 16(2) of Controlled Drugs and Substances Act must be related to offence for which there was conviction — Whether stay of proceedings prevents prosecutor from proving facts forming basis for charges in context of motion for forfeiture of offence related property or of proceeds of crime — Criminal Code, R.S.C. 1985, c. C-46, s. 462.37(2) — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 16(2). Notes (Quebec) (Criminal) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

His Majesty the King v. Thi Huyen Nguyen, et al. (41400)

A police investigation into the production of marijuana led to criminal proceedings against 11 individuals. A stay of proceedings was entered for the respondents in light of unreasonable delays. The Court of Québec dismissed the motion to dismiss the motion for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. The Quebec Superior Court dismissed the motion for prohibition and certiorari in aid. The Quebec Court of Appeal set aside the Superior Court judge’s decision and stated that the Court of Québec did not have the jurisdiction required to deal with motions for forfeiture pursuant to ss. 491.1 and 462.37(2) of the Cr. C. and s. 16(2) of the CDSA. Argued Date 2025-10-16 Keywords Criminal law — Proceeds of crime — Offence related property — Restraint order — Jurisdiction of provincial court — Appropriate procedural vehicles — Whether property included in application for forfeiture pursuant to s. 462.37(2) of Criminal Code and s. 16(2) of Controlled Drugs and Substances Act must be related to offence for which there was conviction — Whether stay of proceedings prevents prosecutor from proving facts forming basis for charges in context of motion for forfeiture of offence related property or of proceeds of crime — Criminal Code, R.S.C. 1985, c. C-46, s. 462.37(2) — Controlled Drugs and Substances Act, S.C. 1996, c. 19, s. 16(2). Notes (Quebec) (Criminal) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Glen L. Resler, in his capacity as Chief Electoral Officer v. Joseph V. Anglin (41298)

Mr. Anglin was a member of the Legislative Assembly of Alberta from 2012 until 2015, when he was unsuccessful in his re-election bid. He accepts the result of the election, but alleges that the Chief Electoral Officer interfered with the fairness of the election and, by doing so, injured his chances of being elected. He seeks damages for the alleged loss of the chance to be elected. During the election, the Chief Electoral Officer, Mr. Resler, investigated problems with Mr. Anglin’s election signs and his handling of the list of electors. After the election, the Chief Electoral Officer assessed two administrative penalties against Mr. Anglin, who appealed both penalties. One penalty was overturned due to the Chief Electoral Officer’s failure to provide Mr. Anglin with the investigation report, but the basis for assessing the fine was not found to be problematic. Mr. Anglin then commenced this action against the Chief Electoral Officer and others alleging that the Chief Electoral Officer should not have commenced the investigations and that he should have known that his actions would injure Mr. Anglin. The Chief Electoral Officer denied the factual allegations and invoked ss. 5.1 of the Election Act, R.S.A. 2000, c. E-1, which provides a general immunity when the Chief Electoral Officer acts in good faith, and s. 134(5), which authorizes the Chief Electoral Officer to remove non-compliant signs. Later, he applied to strike the claim for failure to disclose a cause of action or for abuse of process, with an alternative request for summary judgment due to lack of merit.Finding that the claim was a collateral attack on the validity of the election, the chambers judge struck the entire statement of claim for failure to disclose a reasonable cause of action or as an abuse of process. The Court of Appeal allowed the appeal in part, reinstated the claim other than the allegations of malicious prosecution, and remitted the Chief Electoral Officer’s claim for summary judgment application to trial court. Argued Date 2025-10-14 Keywords Elections — Jurisdiction — Chief Electoral Officer — Chief Electoral Officer required candidate to remedy inappropriate elements of signs — Candidate losing election — Candidate sued Chief Electoral Officer for damages for loss of chance to win election — Candidate did not challenge result of election — Chief Electoral Officer moved to strike claim for failure to disclose a cause of action, abuse of process or lack of merit — Whether an unsuccessful candidate for election can bring a private action against an election officer for the loss of chance of being elected. Notes (Alberta) (Civil) (By Leave) Language Floor Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).

Glen L. Resler, in his capacity as Chief Electoral Officer v. Joseph V. Anglin (41298)

Mr. Anglin was a member of the Legislative Assembly of Alberta from 2012 until 2015, when he was unsuccessful in his re-election bid. He accepts the result of the election, but alleges that the Chief Electoral Officer interfered with the fairness of the election and, by doing so, injured his chances of being elected. He seeks damages for the alleged loss of the chance to be elected. During the election, the Chief Electoral Officer, Mr. Resler, investigated problems with Mr. Anglin’s election signs and his handling of the list of electors. After the election, the Chief Electoral Officer assessed two administrative penalties against Mr. Anglin, who appealed both penalties. One penalty was overturned due to the Chief Electoral Officer’s failure to provide Mr. Anglin with the investigation report, but the basis for assessing the fine was not found to be problematic. Mr. Anglin then commenced this action against the Chief Electoral Officer and others alleging that the Chief Electoral Officer should not have commenced the investigations and that he should have known that his actions would injure Mr. Anglin. The Chief Electoral Officer denied the factual allegations and invoked ss. 5.1 of the Election Act, R.S.A. 2000, c. E-1, which provides a general immunity when the Chief Electoral Officer acts in good faith, and s. 134(5), which authorizes the Chief Electoral Officer to remove non-compliant signs. Later, he applied to strike the claim for failure to disclose a cause of action or for abuse of process, with an alternative request for summary judgment due to lack of merit.Finding that the claim was a collateral attack on the validity of the election, the chambers judge struck the entire statement of claim for failure to disclose a reasonable cause of action or as an abuse of process. The Court of Appeal allowed the appeal in part, reinstated the claim other than the allegations of malicious prosecution, and remitted the Chief Electoral Officer’s claim for summary judgment application to trial court. Argued Date 2025-10-14 Keywords Elections — Jurisdiction — Chief Electoral Officer — Chief Electoral Officer required candidate to remedy inappropriate elements of signs — Candidate losing election — Candidate sued Chief Electoral Officer for damages for loss of chance to win election — Candidate did not challenge result of election — Chief Electoral Officer moved to strike claim for failure to disclose a cause of action, abuse of process or lack of merit — Whether an unsuccessful candidate for election can bring a private action against an election officer for the loss of chance of being elected. Notes (Alberta) (Civil) (By Leave) Language English Audio Disclaimers This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).