Practice
Summary Judgment
Appeal from Federal Court decision (2007 FC 977) dismissing appellant’s action for damages with respect to decisions by Director General of Therapeutic Products Directorate at Health Canada on ground appellant first had to seek judicial review of those decisions since relief contingent upon determination by Federal Court decisions unlawful—Grenier v. Canada, [2006] 2 F.C.R. 287 (F.C.A.) providing that action seeking relief in damages from decision of federal board, commission or tribunal on basis that decision unlawful not allowed to proceed unless decision first challenged by way of judicial review—Conversely, action not challenging validity, lawfulness of decision allowed to proceed—Director General’s declaration that in absence of valid notice of compliance, no one could sell or advertise “Nu-Enalapril” decision by federal board within meaning of Federal Courts Act, R.S.C., 1985, c. F-7, s. 2(1)(h)—Appellant’s action attacking lawfulness of that decision— Grenier thus applicable, appellant had to seek judicial review pursuant to Act, ss. 18, 18.1—Appeal dismissed.
Nu-Pharm Inc. v. Canada (A-486-07, 2008 FCA 227, Nadon J.A., judgment dated July 3, 2008, 20 pp.)