Is a motion under paragraph 6(5)(a) of the Amended Regulations retroactive or retroactive?
Canada (Federal), Canada
The following excerpt is from Gilead Sciences, Inc. v. Canada (Health), 2016 FC 231 (CanLII):
Apotex, relying on the decision in United States of America v. Dynar, 1997 CanLII 359 (SCC), [1997] 2 S.C.R. 462, submits that there is a presumption against retrospective and retroactive application of the Regulations. The transitional provision, found in section 5 of the 2015 Amendments, creates an exception to this presumption. The provision expressly states that ongoing motions under paragraph 6(5)(a) initiated on or after May 2, 2015 are governed by the Amended Regulations.
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