Date: 20040209
Docket: A-171-03
Citation: 2004 FCA 62
CORAM: ROTHSTEIN J.A.
EVANS J.A.
PELLETIER J.A.
BETWEEN:
JANSSEN-ORTHO INC.
Appellant
and
THE MINISTER OF HEALTH and
THE ATTORNEY GENERAL OF CANADA
Respondents
Heard at Toronto, Ontario, on February 9, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on February 9, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
[1] In spite of counsel's able argument, we have not been convinced that this case is distinguishable from Novartis Pharmaceuticals Canada Inc. v. Canada (Minister of Health) (2003), 28 C.P.R. (4th) 1, 2003 FCA 299. Nor have we been persuaded that the Court in Novartis was manifestly wrong in the sense that it overlooked a relevant statutory provision i.e. section 4 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, as amended by SOR/98-166.
[2] Having regard to Novartis and Miller v. Canada (Attorney General) (2002), 220 D.L.R. (4th) 149, 2002 FCA 370, we will dismiss this appeal with costs to the respondents of $2,000 inclusive of disbursements.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
Names of Counsel and Solicitors of Record
DOCKET: A-171-03
STYLE OF CAUSE: JANSSEN-ORTHO INC.
Appellant
and
THE MINISTER OF HEALTH and
THE ATTORNEY GENERAL OF CANADA
Respondents
DATE OF HEARING: FEBRUARY 9, 2004
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT OF
THE COURT BY: (ROTHSTEIN, EVANS & PELLETIER JJ.A.)
DELIVERED FROM THE
BENCH BY: ROTHSTEIN J.A.
APPEARANCES BY:
Ms. Sheila Block
Mr. Andrew Shaughnessy
FOR THE APPELLANT
Ms. Marie Crowley
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Torys LLP
Toronto, Ontario
FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada
Toronto, Ontario
FOR THE RESPONDENTS
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