Catherine Beagan Flood

The appellant generic manufacturer challenged the validity of a patent claiming dosing regimens for a long-acting injectable antipsychotic on the basis that the claims were impermissible methods of medical treatment.

The majority held that methods of medical treatment remain unpatentable subject matter under s. 2 of the Patent Act because professional medical skill and judgment are not proper subject matter for a patent, notwithstanding the repeal of former s. 41(1).

It further held that the proper inquiry is whether the claimed invention fences in professional medical skill and judgment, assessed purposively and with substance over form.

Applying that test, the dosing regimens were patentable because, once the physician selected the regimen, implementation did not require individualized clinical judgment of the kind the doctrine protects.

The appeal was dismissed without costs, although two judges would have held that methods of medical treatment are not inherently unpatentable.

Sudbury Downs Raceway appealed an Order to Comply regarding the condition of its racetrack.

Prior to the hearing, the parties reached an agreement to amend the condition to include a two-year probationary period and for Sudbury Downs to withdraw its appeal and pay $650 in costs.

The Ontario Racing Commission accepted the withdrawal of the appeal on the agreed terms and ordered the payment of costs.

The applicant farm implement dealer brought a dispute against the respondent manufacturer regarding the end of their 19-year business relationship and warranty repair reimbursements.

The Tribunal divided the hearing into two phases, with Phase 1 focusing on liability.

The Tribunal found that the manufacturer did not breach section 18 of the Farm Implements Act regarding warranty reimbursements, as it paid the dealer in accordance with their existing agreement.

However, the Tribunal found that the manufacturer breached Ontario Regulation 123/06 by refusing to renew the dealership agreement, as the Regulation removed the manufacturer's contractual right to unilaterally non-renew and required that renewal approval not be unreasonably withheld.