Lundbeck Canada Inc. v. Canada (Health)
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Lundbeck Canada Inc. v. Canada (Health) Court (s) Database Federal Court of Appeal Decisions Date 2009-04-29 Neutral citation 2009 FCA 134 File numbers A-9-09 Decision Content Date: 20090429 Dockets: A-9-09 A-10-09 Citation: 2009 FCA 134 CORAM: NOËL J.A. LAYDEN-STEVENSON J.A. TRUDEL J.A. A-9-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and RATIOPHARM INC. Respondents A-10-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and COBALT PHARMACEUTICALS INC. Respondents Heard at Ottawa, Ontario, on April 29, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on April 29, 2009. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20090429 Dockets: A-9-09 A-10-09 Citation: 2009 FCA 134 CORAM: NOËL J.A. LAYDEN-STEVENSON J.A. TRUDEL J.A. A-9-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and RATIOPHARM INC. Respondents A-10-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and COBALT PHARMACEUTICALS INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on April 29, 2009) NOËL J.A. [1] The issue in these appeals is whether Justice Lemieux erred in striking out the appellants’ applications for judicial review. [2] In our view, Justice Lemieux committed no error in concluding that the applications were bereft of any chance of success. In so holding, we adopt the reasoning which he sets out at paragraphs 33 to 46 of his reasons. [3] Having so conclude…
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Lundbeck Canada Inc. v. Canada (Health) Court (s) Database Federal Court of Appeal Decisions Date 2009-04-29 Neutral citation 2009 FCA 134 File numbers A-9-09 Decision Content Date: 20090429 Dockets: A-9-09 A-10-09 Citation: 2009 FCA 134 CORAM: NOËL J.A. LAYDEN-STEVENSON J.A. TRUDEL J.A. A-9-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and RATIOPHARM INC. Respondents A-10-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and COBALT PHARMACEUTICALS INC. Respondents Heard at Ottawa, Ontario, on April 29, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on April 29, 2009. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20090429 Dockets: A-9-09 A-10-09 Citation: 2009 FCA 134 CORAM: NOËL J.A. LAYDEN-STEVENSON J.A. TRUDEL J.A. A-9-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and RATIOPHARM INC. Respondents A-10-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and COBALT PHARMACEUTICALS INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on April 29, 2009) NOËL J.A. [1] The issue in these appeals is whether Justice Lemieux erred in striking out the appellants’ applications for judicial review. [2] In our view, Justice Lemieux committed no error in concluding that the applications were bereft of any chance of success. In so holding, we adopt the reasoning which he sets out at paragraphs 33 to 46 of his reasons. [3] Having so concluded, it is not necessary to examine the other grounds on which Justice Lemieux struck the applications. [4] The appeals will be dismissed with costs in favour of the respondent Cobalt Pharmaceuticals Inc. in file A-10-09, and with costs in favour of Ratiopharm Inc. in file A-9-09. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-9-09 (APPEAL FROM A JUDGMENT OF MR. JUSTICE LEMIEUX OF THE FEDERAL COURT OF CANADA DATED DECEMBER 16, 2008, DOCKET NO. T-296-08.) STYLE OF CAUSE: Lundbeck Canada Inc. and The Minister of Health and Ratiopharm Inc. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 29, 2009 REASONS FOR JUDGMENT OF THE COURT BY: Noël, Layden-Stevenson, Trudel JJ.A. DELIVERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Marek Nitoslawski Jean-Philippe Mikus Marie Lafleur FOR THE APPELLANT Rick Woyiwada FOR THE RESPONDENT (The Minister of Health) Arthur Renaud FOR THE RESPONDENT (Ratiopharm Inc.) SOLICITORS OF RECORD: Fasken Martineau DuMoulin LLP Montréal, Quebec FOR THE APPELLANT John H. Simms, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT (The Minister of Health) Bennett Jones LLP Toronto, Ontario FOR THE RESPONDENT (Ratiopharm Inc.) FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-10-09 (APPEAL FROM A JUDGMENT OF MR. JUSTICE LEMIEUX OF THE FEDERAL COURT OF CANADA DATED DECEMBER 16, 2008, DOCKET NO. T-1143-08.) STYLE OF CAUSE: Lundbeck Canada Inc. and The Minister of Health and Cobalt Pharmaceuticals Inc. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 29, 2009 REASONS FOR JUDGMENT OF THE COURT BY: Noël, Layden-Stevenson, Trudel JJ.A. DELIVERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Marek Nitoslawski Jean-Philippe Mikus Marie Lafleur FOR THE APPELLANT Rick Woyiwada FOR THE RESPONDENT (The Minister of Health) Tim Gilbert Shonagh McVean Jocelyn Mackie FOR THE RESPONDENT (Cobalt Pharmaceuticals Inc.) SOLICITORS OF RECORD: Fasken Martineau DuMoulin LLP Montréal, Quebec FOR THE APPELLANT John H. Simms, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT (The Minister of Health) Gilbert’s LLP Toronto, Ontario FOR THE RESPONDENT (Cobalt Pharmaceuticals Inc.)
Source: decisions.fca-caf.gc.ca