Date:
20080612
Docket: A-555-07
Citation: 2008 FCA 213
CORAM: SEXTON J.A.
BLAIS
J.A.
EVANS J.A.
BETWEEN:
PHARMASCIENCE INC.
Appellant
and
SANOFI-AVENTIS CANADA INC.
Respondent
and
SCHERING CORPORATION
Respondent
and
THE MINISTER OF HEALTH
Respondent
Heard at Toronto,
Ontario, on June 12, 2008.
Judgment delivered from the Bench at Toronto, Ontario, on June 12, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON
J.A.
Date:
20080612
Docket:
A-555-07
Citation:
2008 FCA 213
CORAM: SEXTON
J.A.
BLAIS J.A.
EVANS
J.A.
BETWEEN:
PHARMASCIENCE INC.
Appellant
and
SANOFI-AVENTIS CANADA INC.
Respondent
and
SCHERING CORPORATION
Respondent
and
THE MINISTER OF HEALTH
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Toronto, Ontario, on June 12, 2008)
SEXTON J.A.
[1]
We
are not persuaded that there is any error in the very well reasoned decision of
Madam Justice Mactavish.
[2]
The appeal
will therefore be dismissed with costs.
“J. Edgar Sexton”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-555-07
(AN APPEAL FROM THE ORDER OF THE
HONOURABLE MADAM JUSTICE MACTAVISH, DATED NOVEMBER 27, 2007, IN FEDERAL COURT
FILE DOCKET NO. T-2300-06.)
STYLE OF CAUSE: PHARMASCIENCE INC. v.
SANOFI-AVENTIS CANADA INC.
v. SCHERING CORPORATION v.
THE MINISTER OF HEALTH
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 12, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (SEXTON, BLAIS & EVANS JJ.A.)
DELIVERED FROM THE BENCH BY: SEXTON J.A.
APPEARANCES:
|
Joseph Etigson
Paul Lomic
|
FOR THE APPELLANT
|
|
J. Sheldon
Hamilton
Mark G. Biernacki
Marc Richard
|
FOR THE RESPONDENT (Sanofi-Aventis Canada
Inc.)
FOR THE RESPONDENT (Schering Corporation)
|
SOLICITORS OF RECORD:
|
RIDOUT & MAYBEE
LLP
Barristers and Solicitors
Toronto, Ontario
|
FOR THE
APPELLANT
|
|
SMART & BIGGAR
Barristers and Solicitors
Toronto, Ontario
GOWLING LAFLEUR HENDERSON LLP
Barristers and Solicitors
Ottawa, Ontario
|
FOR THE RESPONDENT (Sanofi-Aventis Canada
Inc.)
FOR THE RESPONDENT (Schering Corporation)
|
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