Docket: A-144-14
Citation: 2014 FCA 194
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CORAM:
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NOËL J.A.
GAUTHIER J.A.
NEAR J.A.
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BETWEEN:
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HOSPIRA HEALTHCARE CORPORATION
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Appellant
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and
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THE MINISTER OF HEALTH
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ATTORNEY GENERAL OF CANADA
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SANOFI-AVENTIS CANADA INC.
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Respondents
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Heard at Ottawa, Ontario on September 9, 2014.
Judgment delivered from the Bench at Ottawa, Ontario, on September
9, 2014.
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REASONS FOR JUDGMENT OF THE COURT BY:
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GAUTHIER
J.A.
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Docket: A-144-14
Citation:
2014 FCA 194
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CORAM:
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NOËL J.A.
GAUTHIER J.A.
NEAR J.A.
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BETWEEN:
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HOSPIRA HEALTHCARE CORPORATION
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Appellant
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and
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THE MINISTER OF HEALTH
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ATTORNEY GENERAL OF CANADA
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SANOFI-AVENTIS CANADA INC.
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September
9, 2014).
GAUTHIER J.A.
[1]
The appellant essentially reiterates before us
the same arguments it advanced before Mactavish J. and the Prothonotary before her.
[2]
In our view, Mactavish J. did not err in finding
that the question raised by the motion is not vital to the final issue in the
case. Like Mactavish J., (see paragraph 8 of her Reasons), we agree that
Prothonotary Tabib was not clearly wrong when she concluded for the reasons she
gave at paragraphs 16 to 20 that Sanofi was directly affected.
[3]
Finally, we agree with Mactavish J. that the
decisions of the Federal Court and this Court in Lundbeck Canada Inc. v. The
Minister of Health, 2008 FC 1379, affirmed 2009 FCA 134 is properly
distinguishable given the present set of facts.
[4]
The appeal is therefore dismissed with costs.
“Johanne Gauthier”
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
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DOCKET:
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A-144-14
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STYLE OF CAUSE:
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HOSPIRA
HEALTHCARE CORPORATION v. THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA,
SANOFI-AVENTIS CANADA INC.
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PLACE OF
HEARING:
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Ottawa, Ontario
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DATE OF
HEARING:
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September 9, 2014
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REASONS
FOR JUDGMENT OF THE COURT BY:
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NOËL J.A.
GAUTHIER J.A.
NEAR J.A.
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DELIVERED
FROM THE BENCH BY:
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GAUTHIER
J.A.
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APPEARANCES:
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Ms. Susan Beaubien
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For The
ApPELLANT
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Mr. J. Sanderson Graham
Ms. Leah Garvin
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For The
Respondents,
MINISTER OF HEALTH AND ATTORNEY GENERAL
OF CANADA
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Ms. Judith Robinson
Mr. Brian J. Capogrosso
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FOR THE
RESPONDENT,
SANOFI-AVENTIS CANADA INC.
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SOLICITORS
OF RECORD:
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Macera & Jarzyna LLP
Ottawa, Ontario
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For The
AppELLANT
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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For The
Respondent,
MINISTER OF HEALTH AND ATTORNEY GENERAL
OF CANADA
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Norton Rose Fulbright LLP
Montreal, Quebec
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FOR THE
RESPONDENT,
SANOFI-AVENTIS
CANADA INC.
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