Novopharm Limited v. Canada (Health)

Novopharm Limited v. Canada (Health)
Court (s) Database
Federal Court of Appeal Decisions
Date
2007-09-04
Neutral citation
2007 FCA 275
File numbers
A-189-07
Decision Content
Date: 20070904
Docket: A-189-07
Citation: 2007 FCA 275
CORAM: RICHARD C.J.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
NOVOPHARM LIMITED
Appellant
and
THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA
and SANOFI-AVENTIS CANADA INC.
Respondents
Heard at Ottawa, Ontario, on September 4, 2007.
Judgment delivered from the Bench at Ottawa, Ontario, on September 4, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20070904
Docket: A-189-07
Citation: 2007 FCA 275
CORAM: RICHARD C.J.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
NOVOPHARM LIMITED
Appellant
and
THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA
and SANOFI-AVENTIS CANADA INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 4, 2007)
RICHARD C.J.
[1] We have determined that the appeal is moot and have decided not to exercise our discretion to hear the appeal.
[2] The motion to dismiss the appeal for mootness will be allowed and the appeal will be dismissed with costs.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-189-07
APPEAL FROM A DECISION OF JUSTICE HUGHES DATED MARCH 20, 2007
STYLE OF CAUSE: Novopharm Limited
v.
Minister of Health, Attorney General
Of Canada and Sanofi-Aventis
Canada Inc.
PLACE OF HEARING: Ottawa
DATE OF HEARING: September 4, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Richard C.J.
DELIVERED FROM THE BENCH BY: Richard C.J.
APPEARANCES:
Mr. Jeffrey Leon FOR THE APPELLANT
Mr. Robert Staley
Ms. Dominique Hussey
Mr. Rick Woyiwada FOR THE MINISTER OF HEALTH
Mr. David Cowie AND AGC
Mr. Gunars Gaikis FOR SANOFI-AVENTIS CANADA
Mr. Robert Staley
Ms. Dominique Hussey
SOLICITORS OF RECORD:
Bennett Jones LLP, Toronto, Ontario FOR THE APPELLANT
John Sims, Deputy Attorney General of Canada, FOR THE MINISTER OF
Ottawa, Ontario HEALTH AND AGC
Smart & Biggar, Toronto, Ontario FOR SANOFI-AVENTIS
CANADA
Date: 20070904
Docket: A-189-07
Ottawa, Ontario, September 4, 2007
CORAM: RICHARD C.J.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
NOVOPHARM LIMITED
Appellant
and
THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA
and SANOFI-AVENTIS CANADA INC.
Respondents
JUDGMENT
The motion to dismiss the appeal for mootness is allowed and the appeal is dismissed with costs.
"J. Richard"
Chief Justice