Astrazeneca Canada Inc. v. Health Canada, 2006 FCA 241

Date: 20060627

Dockets: A-113-05

A-266-05

Citation: 2006 FCA 241

CORAM:        RICHARD C.J.

                        NADON J.A.

                        EVANS J.A.

BETWEEN:

ASTRAZENECA CANADA INC.

Appellant/

Applicant

and

HEALTH CANADA, THE MINISTER OF HEALTH

and THE ATTORNEY GENERAL OF CANADA

Respondents/

Respondents

Heard at Ottawa, Ontario, on June 27, 2006.

Judgment delivered from the Bench at Ottawa, Ontario, on June 27, 2006.

REASONS FOR JUDGMENT OF THE COURT BY:                                               RICHARD C.J.

Date: 20060627

Dockets: A-113-05

A-266-05

Citation: 2006 FCA 241

CORAM:        RICHARD C.J.

                        NADON J.A.

                        EVANS J.A.

BETWEEN:

ASTRAZENECA CANADA INC.

Appellant/

Applicant

and

HEALTH CANADA, THE MINISTER OF HEALTH

and THE ATTORNEY GENERAL OF CANADA

Respondents/

Respondents

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on June 27, 2006)

RICHARD C.J.

[1]                These consolidated appeals are from orders of Mr. Justice Phelan dated February 8, 2005 (2005 FC 189) and May 9, 2005 (2005 FC 648) in which he dismissed the appellant's application pursuant to s. 44 of the Access to Information Act R.S.C. 1985, c. A-1 (the Act).

[2]                We are satisfied that the Federal Court Judge made no error in the formulation of the application of the applicable legal principles and made no palpable or overriding error in reaching his decision.

[3]                Accordingly, the consolidated appeals will be dismissed with costs.

"J. Richard"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                               A-113-05

                                                                                                A-266-05

APPEAL FROM THE ORDERS OF THE FEDERAL COURT DATED FEBRUARY 8, 2005, AND MAY 9, 2006, DOCKET NO. T-720-02

STYLE OF CAUSE:                                                               Astrazeneca Canada Inc. v. Health Canada et al.

PLACE OF HEARING:                                                         Ottawa, Ontario

DATE OF HEARING:                                                           June 27, 2006

REASONS FOR JUDGMENT OF THE COURT:              (Richard C.J., Nadon J.A. & Evans J.A.)

DELIVERED FROM THE BENCH BY:                             Richard C.J.

APPEARANCES:

SOLICITORS OF RECORD: