The appellant pharmaceutical laboratory brought passing-off actions against two generic drug manufacturers, alleging their metoprolol tablets had the same size, shape, and colour as the appellant's product.
The lower courts, relying on previous jurisprudence, held that in a passing-off action for prescription drugs, the plaintiff must establish confusion among physicians and pharmacists, excluding patients.
The Supreme Court of Canada allowed the appeal, holding that the clientele of pharmaceutical laboratories includes the patients who consume the drugs, and there is no reason in law to deprive pharmaceutical laboratories of the means of proof available to other industries.
