H. Radomski

In a postscript endorsement regarding costs, the Court of Appeal assessed the successful respondent's costs at $13,661, agreeing with the appellant's submissions.

The Minister of Health failed to submit their bill of costs in a timely manner despite requests, prompting the court to arbitrarily assess their costs at $4,000 inclusive of GST, noting that the court cannot function based on the time convenience of counsel.

Apotex appealed a Divisional Court decision upholding the provincial government's decision to list its generic drug, Apo-Sertraline, on the provincial Formulary with a limited use designation.

The limitation restricted its interchangeability with Pfizer's Zoloft to the treatment of depression, reflecting federal patent protections on other uses.

Apotex argued the province exceeded its jurisdiction under the Drug Interchangeability and Dispensing Fee Act by considering patent restrictions rather than just therapeutic equivalence.

The Court of Appeal dismissed the appeal, finding the province had clear jurisdiction to ensure the Formulary only lists drugs that are legal to sell under federal law.