Life Sciences

Pipette dropping stem cell research fluid on pcr plate. Medical

LIFE SCIENCES

The health and well-being sectors are of vital importance and continue to evolve. Advances in nanotechnology, genetic mapping and medical devices are opening up new opportunities for industry players, while improving peoples’ lives around the world. McMillan’s life sciences lawyers represent clients in both the private and public sector in the biotechnology, pharmaceuticals and healthcare industries. We understand the challenges and opportunities that life science law presents.

As a top healthcare and life sciences law firm, McMillan LLP employs strategic legal counsel to help our clients meet the industry’s challenges head-on while positioning them to profitably bring innovations to the market. With our integrated approach, we can deliver comprehensive, customized legal solutions in the most challenging circumstances.

HEALTHCARE

Public institutions and private enterprises operating in the complex healthcare sector require the services of healthcare lawyers who understand both the challenges and opportunities of the industry.

By combining a passion for healthcare and significant industry experience, McMillan lawyers provide clients with practical and relevant legal advice. We work with North America’s leading hospitals, managed care companies, clinics and laboratories, as well as investors, insurers, lenders and venture capital involved in the industry.

Among the ways McMillan works with clients are through advising on the latest healthcare legislation, reimbursement regulations, and director and officer obligations; representing healthcare professionals in disciplinary matters; negotiating service contracts with third-party providers, facilities and joint ventures; advising on mergers, acquisitions and divestitures; representing healthcare professionals in dispute resolution and litigation, including class actions; and advising on tax and privacy matters

PHARMACEUTICALS

The pharmaceutical industry combines the business and science of the healthcare sector. Drugs can take many years and millions of dollars in research and development costs to bring to market. Though challenging, pharmaceutical development is also rewarding. McMillan lawyers understand the process of developing, testing and marketing pharmaceutical products. We combine a thorough knowledge of healthcare laws and regulations with a passion for helping clients bring life-saving and life-enhancing drugs to market.

McMillan’s life sciences industry lawyers work with clients to advise on patent and trademark matters; represent them in intellectual property litigation; assist with mergers, acquisitions and divestiture; structure financing arrangements through private equity, public markets and venture capital; advise on drug pricing and reimbursement strategies; assist with regulatory approvals; draft clinical trial, licensing and collaboration, and supply, manufacturing and distribution agreements; advise on labelling, advertising and distribution matters; represent them in product liability litigation and class actions; and advise on tax matters.

BIOTECHNOLOGY

Biotechnology is a complex business that faces many challenges to bring their products to market profitably. Government regulation, intellectual property issues and securing financing all require expert Biotech lawyers and expert industry awareness.

At McMillan, our lawyers combine strong industry expertise in Biotech law with vital knowledge of the legal and regulatory environments that impact the industry. By using a multidisciplinary approach, we provide Biotech companies with effective solutions so that they can continue to develop life-saving and life-enhancing advances.

Among the ways McMillan lawyers assist biotech clients is with intellectual property issues, such as patents, trademarks, licensing, outsourcing and strategic alliances; advising on regulatory issues concerning sales and marketing, pricing, privacy, research and development processes, competition and trade; structuring public and private corporate finance, mergers, acquisitions and divestitures; negotiating government contracts; representing them in litigation proceedings related to product liability, commercial disputes, consumer class actions and intellectual property; and advising on research tax incentives.

Primary Contacts

View All Contacts

Scott Maidment

Partner, Litigation & Dispute Resolution

Toronto

scott.maidment@mcmillan.ca Phone

416.865.7911

Joséane Chrétien

Partner, Class Actions

Montréal

joseane.chretien@mcmillan.ca Phone

514.375.5116

Leo Raffin

Partner, Capital Markets & Securities

Vancouver

leo.raffin@mcmillan.ca Phone

604.691.7450

News

Insights (80 Posts)

Recent Updates in the Canadian Psychedelics Landscape

Psychedelics have come to be viewed as a potential therapeutic tool by the general public and government. This bulletin summarizes recent Canadian developments.

Mar 14, 2023

Government of Alberta to Regulate Health Care Practitioners Administering Psychedelics

Alberta is implementing a new framework for regulating and licensing health care providers in connection with administering psychedelics.

Nov 9, 2022

Too Quick to (Summary) Judge: The Shortcomings of Summary Judgment in Patent Actions in Canada

The FCA addresses the shortcomings of summary judgment in patent cases, along with issues relating to "common general knowledge" and experimental testing.

Sep 27, 2022

Venture Capital Funding for Start-ups and Emerging Companies

Government of Canada's request-for-proposal for the Venture Capital Catalyst Initiative, providing $450 million in funds to the venture capital sector.

Jun 15, 2022

Practice Update: CIPO Provides Guidance on the Meaning of “Due Care”

CIPO recently issued determinations regarding the meaning of "due care". Are your internal practices in-line with CIPO's determinations?

Mar 30, 2022

The Potential Impact of the Ukraine Conflict on Contracts Between Canadian and Russian Companies

Legal tools Canadian companies should seek advice on if they are no longer able perform contractual agreements because of the war in Ukraine

Mar 8, 2022

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

Jan 12, 2022

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

Jan 12, 2022

2022 Starts on a High – Updates in the Psychedelics Industry and a Look Back at 2021

Recent amendments to the Special Access Program and a look back to 2021 on developments affecting the psychedelics industry.

Jan 11, 2022

Smartphone Apps Beware – Babylon Health investigation provides insight into compliance with Alberta privacy laws

Key takeaways from the Office of the Information and Privacy Commissioner of Alberta (OIPC)s report re: investigation of the Babylon by Telus Health app.

Dec 15, 2021

Natural Health Products: Product Licensing Requirements in Canada

The Federal Court of Appeal decision of C-RNA provides further guidance on the level of information required of applicants seeking NHP licenses in Canada.

Dec 6, 2021

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

Nov 11, 2021

Privacy Commissioner Releases More Guidance for Video Teleconferencing Companies

Video teleconferencing companies face unique cybersecurity and data privacy risks. The OPC has new guidance on how these companies can best address them.

Nov 3, 2021

Antitrust Reform: Canada Too!

James Musgrove and Sarah Stirling-Moffet talk Competition law reform in Canada after the Commissioner’s CBA speech - more money, more power!

Oct 21, 2021

Bill 64 Enacted: Québec’s Modern Privacy Regime

An in-depth analysis of Quebec's 2021 modernization of its private-sector privacy legislation.

Oct 15, 2021

Compounded Decisions on Claiming Compound Interest in Litigation

This article considers recent Federal Court jurisprudence with respect to the claiming of compound interest.

Aug 31, 2021

Amendments to the OHSA Consolidate Reporting Requirements for Workplace Accidents Effective July 1, 2021

The Ontario government introduced amendments to Regulations under the Occupational Health and Safety Act to consolidate accident reporting requirements.

Jun 30, 2021

ICMA Green Bond Principles Undergo Minor Facelift

Legal news bulletin discussing recent changes to ICMA Green Bond Principles.

Jun 17, 2021

Québec Class action – What’s new? Examination of the defendant at the authorization stage

EIn class actions, the right to examine an affiant is the subject of conflicting case law.

Jun 14, 2021

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

May 25, 2021

Opportunities for Canadian Biotech Companies on the Hong Kong Stock Exchange

May 18, 2021

The Canadian Capital Market is Psyched: An Update on the Growing Wave in the Psychedelics Industry

This bulletin provides an overview of the regulations surrounding psychedelics in Canada and psychedelics companies in the Canadian capital markets.

May 12, 2021

Canadian Government Expands National Security Guidance

On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.

Mar 25, 2021

Funding and Grants Available to Technology and Innovation Companies in Alberta, Canada

The technology industry in Alberta has grown significantly. There are a number of funding and grant opportunities for technology and innovation companies.

Jan 19, 2021

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

Dec 23, 2020

COVID-19: Expedited Examination of Canadian Trademark Applications

CIPO is now taking requests to expedite the examination of Canadian trademark applications related to COVID-19 goods and services.

Dec 16, 2020

B.C. Technology Sector Makes the Grade – But Not Yet Top of the Class

In November 2020, KPMG released the B.C Tech Report Card 2020. The Report Card outlined the current state of the British Columbia technology sector.

Dec 2, 2020

Canada’s New Cybersecurity Certification Goes Live

The federal government has launched a voluntary CyberSecure program to help small and medium-sized organizations protect against cybersecurity threats

Oct 13, 2020

Mandatory Indoor Face Coverings: What Ontario Employers Need to Know

Oct 6, 2020

Ontario Employers be Aware: New Mandatory Screening Requirements for Ontario Workplaces

Employers should take immediate steps to implement the new mandatory COVID-19 screening requirements for Ontario workplaces.

Sep 30, 2020

Ontario Amends Employment Standards Legislation in Response to COVID-19

Ontario passes new protected leave of absence for employees impacted by COVID-19, and suggests COVID-19
cases should be reported as occupational illnesses.

Aug 5, 2020

Significant Expansion of Ontario’s Personal Health Information Protections amid COVID-19: What you need to know

Bill 188 made significant amendments to PHIPA, which affect technology companies, and potentially insurers, who provide access to personal health information.

Jul 15, 2020

COVID-19: Accelerated Examination of Patent Applications for Small Entities

CIPO has begun piloting an accelerated examination process for technologies related to medical products and processes. See this bulletin for more details.

Jul 14, 2020

Psychedelics and Canada’s Regulatory Landscape

A primer on the emerging psychedelics industry and how it fits into Canada's legal framework.

Jul 10, 2020

Federal Court Defends CASL, Says Prohibition on Spam is Constitutional

he FCA ruled that CASL's provisions relating to the regulation of commercial electronic messages are constitutional, despite challenge from CompuFinder

Jul 1, 2020

Ontario Small Businesses Get a New Ride on the Digital Main Street

Review of the Ontario Digital Main Street initiative and new funding introduced by the government to assist businesses pivoting to an ecommerce business model.

Jun 24, 2020

Material Adverse Effect Clauses in a COVID-19 World

Review and analysis of recent developments where parties try to rely on MAE clauses as a mechanism to avoid closing a transaction.

Jun 23, 2020

Making B.C. an Emerging Economy Leader

Review of the BC Emerging Economy Task Force Report and how BC companies can position themselves to take advantage of the emerging economy of the future.

Jun 23, 2020

Pivoting Production to Address COVID-19 Shortages – What Manufacturers and Distributors Need to Know

Summary of Health Canada pathways for accelerated approvals, business and liability considerations for manufacturers

Apr 7, 2020

COVID-19: Alberta Government Announces List of Essential Services

Alberta's Government has published lists of essential services and non-essential places of business not permitted to
offer or provide services to the public.

Mar 29, 2020

Bill C-13 Receives Royal Assent: Change to the Canadian Patent Landscape in Response to COVID-19

All levels of Canadian government are taking extraordinary steps in response to the public health emergency of COVID-19.

Mar 27, 2020

Unbearable Lite-ness: Lenders’ Remedies in the Age of Missing Covenants

The author discusses the recent trend toward borrower-friendly loan documents and the remedies available to lenders in Canada.

Mar 23, 2020

How Should AI be Regulated in Canada? Speak now, or forever hold your peace!

Many organizations recognize the potential benefits that artificial intelligence can bring to their business. Canadian regulations coming sooner than later.

Feb 24, 2020

Stop the Spread: What Employers Need to Know About Coronavirus in the Workplace

As Canada confirms its first cases of the Coronavirus, we remind employers and employees of their rights and responsibilities in the workplace.

Jan 29, 2020

Challenges and Opportunities for Canadian Investors in Brazilian Insolvency Proceedings: Lessons from the IBA’s 2019 Global Restructuring Conference

The authors discuss unique aspects of Brazil's insolvency regime relevant for Canadian investors, including the role of equity, DIP loans, and jurisdiction.

Jan 21, 2020

Contact Information Posted on Websites Not Necessarily Up for Grabs

Investigation findings of the Office of the Privacy Commissioner highlight issues surrounding the use of personal contact information posted on websites

Dec 19, 2019

Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act

The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.

Dec 16, 2019

One-Year Anniversary of Mandatory Data Breach Reporting: Lessons the OPC Has Learned and What Businesses Need to Know

November 1st, 2018 marked a year since reporting data breaches became mandatory under the Personal Information Protection and Electronic Documents Act ("PIPEDA")

Nov 11, 2019

Electricity Rebates for Multi-Unit Complexes in Ontario

Legal bulletin outlining changes to Ontario provincial government rebates for electricity consumers, including changes for multi-unit complexes.

Nov 6, 2019

Last Chance for Late National Phase Entry into Canada

It is official - Canada's new Patent Rules will come into force on October 30, 2019.

Aug 9, 2019

The Next Phase of Canadian Cannabis: What to Expect in 2019 and Beyond

On June 14, 2019, Health Canada unveiled its Final Regulations for New Cannabis Products

Jun 21, 2019

TOP TWELVE THINGS TO KNOW – New Canadian Trademarks Act June 17, 2019

On June 17, 2019 major changes to Canada’s Trademarks Act will come into force.

Jun 4, 2019

Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws

On May 21, 2019, the Canadian federal government released a proposed Digital Charter

May 23, 2019

Trademark “Use” in the Normal Course of Trade: Revisited

The recent Federal Court of Appeal decision in Cosmetic Warriors Limited v Riches, McKenzie & Herbert LLP [1] ("Cosmetic Warriors") revisits what constitutes “use” of a trademark in the normal course of trade.

May 14, 2019

Trick or…Breach? PIPEDA’s Breach Reporting Requirements Come Into Force on November 1, 2018

This bulletin provides an overview of the new breach reporting requirements.

Nov 1, 2018

Ontario Proposes Major Changes to the Employment Standards Act, 2000

On October 23, 2018, the Government of Ontario has put forward legislation, titled the Making Ontario Open for Business Act, 2018 (Bill 47)

Oct 26, 2018

Ontario to Make Major Changes to Employment and Labour Standards through the Making Ontario Open for Business Act

The Government of Ontario today introduced legislation to repeal several changes to the province's employment and labour standards legislation made through Bill 148.

Oct 23, 2018

The Alberta Securities Commission Expands Prospectus Exemptions for Distributions Outside Alberta

The ASC has updated ASC Rule 72-501 Distributions to Purchasers Outside Alberta and its companion policy to facilitate cross-border investment.

Aug 22, 2018

Cannabis in the Capital Markets

James Munro discusses the "once-to-twice-a-generation opportunity for lawyers" on the legalization and regulation of marijuana.

Jun 12, 2018

PIPEDA – How to Obtain “Meaningful” Consent, and When Consent is Not Enough

On April 19, 2018, the Canadian Securities Administrators (the "CSA") published new draft rules governing the registration of derivatives market participants.

May 30, 2018

B.C. Government Unveils Trio of Cannabis Bills for Provincial Cannabis Regulation

British Columbia's provincial government unveiled its draft legislation on the regulation and implementation of non-medical (consumer) cannabis in the province.

May 23, 2018

HRTO Confirms There is No Absolute Right to Use Medical Marijuana at Work

Human Rights Tribunal of Ontario ("HRTO") confirmed that there is no absolute right to use medical marijuana in the workplace

May 17, 2018

Bud Branders (still) Beware: Your Guide for the Cannabis Packaging and Labeling Requirements

June 2018, Before Cannabis products hit the shelves, producers will need to comb through Regulations to ensure they remain onside of mandated branding practices

Apr 2, 2018

In Aurora, Securities Regulators Affirm the New Take-over Bid Regime and Signal that Exemptive Relief under the New Regime will Prove to be Difficult and that Tactical Shareholder Rights Plans may be Extinct

The OSC and the FCAAS released their reasons for the orders granted concerning the hostile take-over bid by Aurora Cannabis Inc. for CanniMed Therapeutics Inc.

Mar 20, 2018