Court headnote

Fournier Pharma Inc. v. Canada (Minister of Health) Court (s) Database Federal Court of Appeal Decisions Date 2004-06-02 Neutral citation 2004 FCA 216 File numbers A-551-03 Decision Content Date: 20040602 Docket: A-551-03 Citation: 2004 FCA 216 CORAM: NOËL J.A. SEXTON J.A. EVANS J.A. BETWEEN: FOURNIER PHARMA INC. and LABORATOIRES FOURNIER S. A. Appellants and THE MINISTER OF HEALTH and APOTEX INC. Respondents Heard at Toronto, Ontario, on June 2nd, 2004. Judgment delivered from the Bench at Toronto, Ontario, on June 2nd, 2004. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20040602 Docket: A-551-03 Citation: 2004 FCA 216 CORAM: NOËL J.A. SEXTON J.A. EVANS J.A. BETWEEN: FOURNIER PHARMA INC. and LABORATOIRES FOURNIER S. A. Appellants and THE MINISTER OF HEALTH and APOTEX INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on June 2nd, 2004) EVANS J.A. [1] We are not satisfied that the Prothonotary committed any reviewable error when he exercised his discretion to dismiss the Appellants' motion brought under ss. 6(7) of the Patented Medicines (Notice of Compliance) Regulations for the further production of documents. [2] Counsel did not persuade us that, while sitting in a case management capacity, the Prothonotary failed to consider factors other than delay (the relevance and importance of the information sought, in particular) or that, in the circumstances of this case, he attached undue weight to the Appellants' delay and …

Fournier Pharma Inc. v. Canada (Minister of Health)
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-06-02
Neutral citation
2004 FCA 216
File numbers
A-551-03
Decision Content
Date: 20040602
Docket: A-551-03
Citation: 2004 FCA 216
CORAM: NOËL J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
FOURNIER PHARMA INC. and
LABORATOIRES FOURNIER S. A.
Appellants
and
THE MINISTER OF HEALTH and
APOTEX INC.
Respondents
Heard at Toronto, Ontario, on June 2nd, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on June 2nd, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20040602
Docket: A-551-03
Citation: 2004 FCA 216
CORAM: NOËL J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
FOURNIER PHARMA INC. and
LABORATOIRES FOURNIER S. A.
Appellants
and
THE MINISTER OF HEALTH and
APOTEX INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on June 2nd, 2004)
EVANS J.A.
[1] We are not satisfied that the Prothonotary committed any reviewable error when he exercised his discretion to dismiss the Appellants' motion brought under ss. 6(7) of the Patented Medicines (Notice of Compliance) Regulations for the further production of documents.
[2] Counsel did not persuade us that, while sitting in a case management capacity, the Prothonotary failed to consider factors other than delay (the relevance and importance of the information sought, in particular) or that, in the circumstances of this case, he attached undue weight to the Appellants' delay and none to the relevance of the required information. Whether the Appellants' delay was itself undue is a finding of fact with which we cannot interfere.
[3] For these reasons, the appeal will be dismissed with costs.
"John M. Evans"
J.A.
FEDERAL COURT OF APPEAL
Names of Counsel and Solicitors of Record
DOCKET: A-551-03
STYLE OF CAUSE: FOURNIER PHARMA INC. and LABORATOIRES FOURNIER S.A.
Appellants
and
THE MINISTER OF HEALTH and APOTEX INC.
Respondents
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 2, 2004
REASONS FOR JUDGMENT
OF THE COURT BY: NOËL J.A., SEXTON J.A., EVANS J.A.
DELIVERED FROM THE
BENCH: EVANS J.A.
APPEARANCES BY:
Mr. David M. Reive
FOR THE APPELLANTS
Mr. Nando De Luca
Ms. Natalie Butterfield
FOR THE RESPONDENT (Apotex Inc.)
Mr. Eric Peterson
FOR THE RESPONDENT (The Minister of Health)
SOLICITORS OF RECORD:
Dimock Stratton Clarizio LLP
Toronto, Ontario
FOR THE APPELLANTS
Goodmans LLP
Toronto, Ontario
FOR THE RESPONDENT (Apotex Inc.)
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENT (The Minister of Health)