Low v. Pfizer Canada Inc.

Low v. Pfizer Canada Inc.

At the certification stage the pleadings disclose a viable cause of action in intentional interference with economic relations (unlawful means tort) and a limited unjust enrichment claim insofar as plaintiff alleges the patent and reliance on statutory procedures cannot furnish a juristic reason; the Patent Act/NOC Regulations do not, by themselves, constitute a complete bar to consumer common law claims, but waiver of tort and claims predicated on contracts being void for illegality or mistake are plain and obvious failures.

Citation
2014 BCSC 1469
Parties
Plaintiff: Britton Low; Defendant: Pfizer Canada Inc.; Defendant: Pfizer Inc.; Defendant: Pfizer Ireland Pharmaceuticals; Defendant: Pfizer Research and Development Company N.V./S.A.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 August 2014
Procedural Posture
Class Action Certification / Certification Application Under S.4(1)(a) of the Class Proceedings Act
Legal Topics
Patent Invalidity, NOC Regulations, Unlawful Means Tort, Waiver of Tort, Juristic Reason, Class Certification
Source Language
English
Patent Law Class Actions Tort Law Restitution/unjust Enrichment Regulatory Law Patent Invalidity NOC Regulations Unlawful Means Tort +3 more

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Parties

Britton Low

Plaintiff

Pfizer Canada Inc.

Defendant

Pfizer Inc.

Defendant

Pfizer Ireland Pharmaceuticals

Defendant

Pfizer Research and Development Company N.V./S.A.

Defendant

Procedural Posture

Class Action Certification / Certification Application Under S.4(1)(a) of the Class Proceedings Act

Legal Issues

  1. 1 Whether the pleadings disclose a cause of action for certification under s.4(1)(a) CPA
  2. 2 Whether the Patent Act and NOC Regulations constitute a complete code excluding common law claims by consumers
  3. 3 Whether the unlawful means (intentional interference) tort is available to purchasers where the actionable wrong is statutory and remedied under the NOC Regulations

Ratio Decidendi

At the certification stage the pleadings disclose a viable cause of action in intentional interference with economic relations (unlawful means tort) and a limited unjust enrichment claim insofar as plaintiff alleges the patent and reliance on statutory procedures cannot furnish a juristic reason; the Patent Act/NOC Regulations do not, by themselves, constitute a complete bar to consumer common law claims, but waiver of tort and claims predicated on contracts being void for illegality or mistake are plain and obvious failures.