Low v. Pfizer Canada Inc.

Low v. Pfizer Canada Inc.

The Patent Regulatory Regime (Patent Act and PM(NOC) Regulations) constitutes a complete code that forecloses consumer civil actions rooted in breaches of the patent regime; the unlawful means element of the tort requires conduct actionable outside the statutory regime and Pfizer's conduct was not actionable outside the patent regulatory framework; additionally, the existence of at least one juristic reason (contracts between Pfizer and direct purchasers) defeats the unjust enrichment claim.

Citation
2015 BCCA 506
Parties
Respondent (plaintiff): Britton Low; Appellant (defendant): Pfizer Canada Inc.; Appellant (defendant): Pfizer Inc.; Appellant (defendant): Pfizer Ireland Pharmaceuticals; Appellant (defendant): Pfizer Research and Development Company N.V./S.A.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
8 December 2015
Procedural Posture
Appeal From Certification of a Class Action / Court of Appeal Judgment on Certification (appeal)
Outcome
Appeal allowed; certification overturned and action dismissed
Legal Topics
Complete Code Doctrine, Pm(noc) Regulatory Regime, Patent Disclosure Requirements, Unlawful Means Tort, Juristic Reason in Unjust Enrichment
Source Language
English
Patent Law Class Actions Tort (economic Interference) Unjust Enrichment Regulatory Law/administrative Law Consumer Protection Complete Code Doctrine Pm(noc) Regulatory Regime +3 more

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Parties

Britton Low

Respondent (plaintiff)

Pfizer Canada Inc.

Appellant (defendant)

Pfizer Inc.

Appellant (defendant)

Pfizer Ireland Pharmaceuticals

Appellant (defendant)

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

Appellant (defendant)

Procedural Posture

Appeal From Certification of a Class Action / Court of Appeal Judgment on Certification (appeal)

Legal Issues

  1. 1 Whether the patent regulatory regime is a complete code excluding common law remedies for consumers
  2. 2 Whether the pleaded facts disclose a cause of action in unlawful interference with economic relations (unlawful means requirement)
  3. 3 Whether the pleaded facts disclose a cause of action in unjust enrichment (absence of juristic reason)

Ratio Decidendi

The Patent Regulatory Regime (Patent Act and PM(NOC) Regulations) constitutes a complete code that forecloses consumer civil actions rooted in breaches of the patent regime; the unlawful means element of the tort requires conduct actionable outside the statutory regime and Pfizer's conduct was not actionable outside the patent regulatory framework; additionally, the existence of at least one juristic reason (contracts between Pfizer and direct purchasers) defeats the unjust enrichment claim.

Court Disposition

Appeal allowed; certification overturned and action dismissed

Orders

  • Appeal allowed
  • Set aside certification order (2014 BCSC 1469)