Summaries of selected recent cases are provided each week to Slaw by Maritime Law Book. Every Sunday we present a precis of the latest summaries, a fuller version of which can be found on MLB-Slaw Selected Case Summaries at cases.slaw.ca.
This week’s summaries concern:
Civil Rights / Constitutional Law / Statutes / Trade Regulation
R. v. P.C. 2014 ONCA 577
Summary: The accused, a young offender at the time, was tried by a judge and jury and found guilty of manslaughter. The accused wished to appeal his conviction, but lacked the resources to retain counsel. He filed an appeal and applied to have state funded counsel appointed (Criminal Code, s. 684(1)). Section 684(1) gave a judge the discretion to appoint counsel for an indigent accused on appeal, “where it appears desirable in the interests of justice”. The motions …
Ratiopharm Inc. v. Canada (Attorney General) 2014 FC 502
Constitutional Law – Statutes – Trade Regulation
Summary: Ratiopharm Inc. sold generic drugs in Canada, including ratio-salbutamol HFA (“ratio HFA”), the generic equivalent of Ventolin HFA, a product manufactured by GlaxoSmithKline Inc. (GSK). Ratiopharm sold ratio HFA to pharmacies after having purchased it under contract from GSK. The two products competed against one another and other similar products in the Canadian market. Under the contract with Ratiopharm, GSK retained all patent rights to its product. The Patented Medicines Prices Review Board found …