Date:
20070904
Docket:
A-189-07
Citation:
2007 FCA 275
CORAM: RICHARD C.J.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
NOVOPHARM
LIMITED
Appellant
and
THE MINISTER OF HEALTH, ATTORNEY
GENERAL OF CANADA
and
SANOFI-AVENTIS CANADA INC.
Respondents
Heard
at Ottawa, Ontario, on September
4, 2007.
Judgment delivered from the Bench at Ottawa, Ontario, on September
4, 2007.
REASONS FOR JUDGMENT OF THE COURT BY:
RICHARD C.J.
Date:
20070904
Docket:
A-189-07
Citation:
2007 FCA 275
CORAM: RICHARD
C.J.
SEXTON
J.A.
SHARLOW
J.A.
BETWEEN:
NOVOPHARM
LIMITED
Appellant
and
THE MINISTER OF
HEALTH, ATTORNEY GENERAL OF CANADA
and
SANOFI-AVENTIS CANADA INC.
Respondents
REASONS FOR JUDGMENT
OF THE COURT
(Delivered
from the Bench at Ottawa, Ontario, on September 4, 2007)
RICHARD
C.J.
[1]
We
have determined that the appeal is moot and have decided not to exercise our
discretion to hear the appeal.
[2]
The
motion to dismiss the appeal for mootness will be allowed and the appeal will
be dismissed with costs.
"J.
Richard"
FEDERAL COURT OF
APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-189-07
APPEAL
FROM A DECISION OF JUSTICE HUGHES DATED MARCH 20, 2007
STYLE
OF CAUSE: Novopharm
Limited
v.
Minister
of Health, Attorney General
Of
Canada and Sanofi-Aventis
Canada
Inc.
PLACE
OF HEARING:
Ottawa
DATE OF HEARING: September
4, 2007
REASONS
FOR JUDGMENT OF THE COURT BY: Richard C.J.
DELIVERED
FROM THE BENCH BY: Richard
C.J.
APPEARANCES:
Mr. Jeffrey Leon FOR
THE APPELLANT
Mr. Robert Staley
Ms. Dominique Hussey
Mr. Rick Woyiwada FOR
THE MINISTER OF HEALTH
Mr. David Cowie AND
AGC
Mr. Gunars Gaikis FOR
SANOFI-AVENTIS CANADA
Mr. Robert Staley
Ms. Dominique Hussey
SOLICITORS
OF RECORD:
Bennett Jones LLP, Toronto, Ontario FOR THE
APPELLANT
John Sims, Deputy Attorney General of Canada, FOR THE MINISTER
OF
Ottawa, Ontario HEALTH
AND AGC
Smart & Biggar, Toronto, Ontario FOR
SANOFI-AVENTIS
CANADA
Date:
20070904
Docket: A-189-07
Ottawa, Ontario, September 4, 2007
CORAM: RICHARD
C.J.
SEXTON
J.A.
SHARLOW
J.A.
BETWEEN:
NOVOPHARM
LIMITED
Appellant
and
THE MINISTER OF HEALTH, ATTORNEY
GENERAL OF CANADA
and
SANOFI-AVENTIS CANADA INC.
Respondents
JUDGMENT
The motion to dismiss
the appeal for mootness is allowed and the appeal is dismissed with costs.
"J.
Richard"
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