The Federal Court held that defendants in a PMNOC proceeding may counterclaim alleging non-asserted claims are invalid. However, it also acknowledged that such invalidity pleas may not necessarily be permitted to proceed to trial and the plaintiff remains at liberty to move to strike the counterclaims against the non-asserted claims. The Court also awarded costs of $5000 to the defendants.
Boehringer Ingelheim (Canada) Ltd. et al. v. Sandoz Canada Inc., 2023 FC 241