CONSTRUCTION OF STATUTES |
Merck & Co. Inc. v. Apotex Inc.
A-138-04
2004 FCA 298, Sharlow J.A.
15/9/04
2 pp.
Appeal from Federal Court order ((2004), 248 F.T.R. 82) dismissing motion for summary dismissal or for summary determination of questions of law--Appeal dismissed-- Federal Court of Appeal not endorsing paragraph 35 of motions Judge's reasons--Interpretation of Patented Medicines (Notice of Compliance) Regulations and amending Regulations requiring consideration of purpose, intent, context--But evidence of understanding of parties as to meaning of Regulations, third party expert evidence on statutory interpretation, evidence of legislative drafters neither admissible nor relevant for purpose of interpreting legislation --Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.
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