Apotex Inc. v. AB Hassle

Apotex Inc. v. AB Hassle
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-06-09
Neutral citation
2004 FCA 227
File numbers
A-154-04
Decision Content
Date: 20040609
Docket: A-154-04
Citation: 2004 FCA 227
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
APOTEX INC.
Appellant
and
AB HASSLE and ASTRA PHARMA INC.
Respondents
Heard at Toronto, Ontario, on June 9, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on June 9, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: MALONE J.A.
Date: 20040609
Docket: A-154-04
Citation: 2004 FCA 227
CORAM: LINDEN J.A.
SHARLOW J.A.
MALONE J.A.
BETWEEN:
APOTEX INC.
Appellant
and
AB HASSLE and ASTRA PHARMA INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on June 9, 2004)
MALONE J.A.
[1] The variance order under appeal is discretionary and the test enunciated by the Supreme Court of Canada in the case of Reza v. Canada, [1994] 2 S.C.R. 394 applies. That test has established that this Court may intervene to overturn a Motions Judge's order only where the Motions Judge has failed to give sufficient weight to all relevant factors. It is not sufficient, however, that an appellate court might have placed different weight on each of the relevant factors that were considered and, indeed, have reached a different conclusion on a motion for variance.
[2] The test for varying a protective order was set out in Smith, Kline and French Laboratories Ltd. v. Canada (Attorney General), [1989] F.C.J. No. 223 (T.D.), aff'd [1997] F.C.J. No. 689 (C.A.) as being whether the facts establish some change in circumstances or compelling reason to vary. Notwithstanding the able argument of appellant's counsel, we are all satisfied that the Motions Judge considered all the relevant factors and did not commit a reviewable error in varying the protective order as he did.
[3] We would dismiss the appeal with costs.
"B. Malone"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-154-04
STYLE OF CAUSE: APOTEX INC.
Appellant
and
AB HASSLE and ASTRA PHARMA INC.
Respondents
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 9, 2004
REASONS FOR JUDGMENT
OF THE COURT: (LINDEN, SHARLOW & MALONE JJ.A)
DELIVERED FROM THE
BENCH BY: MALONE J.A.
APPEARANCES:
Mr. Nando DeLuca
Ms. Julie Rosenthall FOR THE APPELLANT
Mr. J. Sheldon Hamilton
Ms. Kavita Ramamoorthy FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Goodmans LLP
Toronto, Ontario FOR THE APPELLANT
Smart and Biggar LLP
Toronto, Ontario FOR THE RESPONDENTS