Date: 20051124
Docket: A-415-05
Citation: 2005 FCA 396
CORAM: DÉCARY J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
PFIZER CANADA INC. and
PHARMACIA & UPJOHN
Appellants
and
MAYNE PHARMA (CANADA) INC. and
THE MINISTER OF HEALTH
Respondents
Heard at Toronto, Ontario, on November 24, 2005.
Judgment delivered from the Bench at Toronto, Ontario, on November 24, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20051124
Docket: A-415-05
Citation: 2005 FCA 396
CORAM: DÉCARY J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
PFIZER CANADA INC. and
PHARMACIA & UPJOHN
Appellants
and
MAYNE PHARMA (CANADA) INC. and
THE MINISTER OF HEALTH
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on November 24, 2005)
EVANS J.A.
[1] This is an appeal by Pfizer Canada Inc. and Pharmacia & Upjohn from a decision of a Judge of the Federal Court, dated September 13, 2005 (T-1170-05), denying a motion by Pfizer for the production of information by Mayne Pharma (Canada ) Inc. pursuant to subsection 6(7) of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.
[2] The Motions Judge may not have stated as clearly as he might the principles set out by this Court in Novartis AG v. Abbott Laboratories Ltd. (2000), 7 C.P.R. (4th) 264, governing the Court's exercise of discretion to order the production of evidence under subsection 6(7).
[3] However, having reviewed the Judge's reasons in their entirety, we are not satisfied that, on the basis of the record before him, he committed any error that would warrant the intervention of this Court when he refused to order production of the material sought.
[4] For these reasons, the appeal will be dismissed with costs.
"John M. Evans"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-415-05
(APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED SEPTEMBER 13, 2005, DOCKET NO. T-1170-05)
STYLE OF CAUSE: Pfizer Canada Inc. and Pharmacia & Upjohn v. Mayne Pharma (Canada) Inc. and The Minister of Health
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: November 24, 2005
REASONS FOR JUDGMENT OF THE COURT BY: Décary, Evans and Sharlow JJ.A.
DELIVERED FROM THE BENCH BY: Evans J.A.
APPEARANCES:
| Mr. A. Creber
Mr. J. Zakaib
|
FOR THE APPELLANTS
|
| Mr. W. Sprigings
Mr. Lomick
No one appearing
|
FOR THE RESPONDENT
Mayne Pharma
FOR THE RESPONDENT
The Minister of Health
|
SOLICITORS OF RECORD:
| Gowling Lafleur Henderson LLP
Ottawa, Ontario
|
FOR THE APPELLANTS
|
| Hitchman & Sprigings
Toronto, Ontario
John H. Sims, Q.C.
Deputy Attorney General of Canada
|
FOR THE RESPONDENT
Mayne Pharma
FOR THE RESPONDENT
The Minister of Health
|
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