Date: 20010627
Docket: A-634-00
Neutral citation: 2001 FCA 219
CORAM: DÉCARY J.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
ASTRAZENECA CANADA INC. and
TAKEDA CHEMICAL INDUSTRIES, LTD.
Appellants
(Applicants)
and
THE MINISTER OF NATIONAL HEALTH AND WELFARE
and APOTEX INC.
Respondents
(Respondents)
Heard at Ottawa, Ontario on Wednesday, June 27, 2001
Judgment delivered from the Bench at Ottawa, Ontario on Wednesday, June 27, 2001
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20010627
Docket: A-634-00
Neutral citation: 2001 FCA 219
CORAM: DÉCARY J.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
ASTRAZENECA CANADA INC. and
TAKEDA CHEMICAL INDUSTRIES, LTD.
Appellants
(Applicants)
and
THE MINISTER OF NATIONAL HEALTH AND WELFARE
and APOTEX INC.
Respondents
(Respondents)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on Wednesday, June 27, 2001)
NOËL J.A.
[1] Despite Mr. Gaikis' able submissions, we are not persuaded that McKeown J. committed any reviewable error in dismissing the application as an abuse of process pursuant to paragraph 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations.
[2] The appeal will be dismissed with costs.
"Marc Noël"
J.A.
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