Judicial review granted; refusal unreasonable for failing to consider legislative purpose arguments.
The applicant sought judicial review of a decision by the Minister of Health refusing its application for a Certificate of Supplementary Protection for a patented drug.
The applicant had submitted arguments regarding the purpose of the relevant legislation, which implemented Canada's obligations under an international trade agreement.
The Court held the Minister's decision was unreasonable because it failed to address the applicant's arguments regarding the legislative purpose.
The matter was remitted to the Minister for redetermination.
