Date: 20011128
Docket: A-195-01
Neutral citation: 2001 FCA 371
CORAM: RICHARD C.J.
DÉCARY J.A.
LINDEN J.A.
BETWEEN:
NOVARTIS PHARMACEUTICALS CANADA INC.
and NOVARTIS AG
Appellants
(Applicants)
and
RHOXALPHARMA INC. and
THE MINISTER OF HEALTH
Respondents
(Respondents)
Heard at Ottawa, Ontario, on November 28, 2001.
Judgment delivered from the Bench at Ottawa, Ontario, on November 28, 2001.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20011128
Docket: A-195-01
Neutral citation: 2001 FCA 371
CORAM: RICHARD C.J.
DÉCARY J.A.
LINDEN J.A.
BETWEEN:
NOVARTIS PHARMACEUTICALS CANADA INC.
and NOVARTIS AG
Appellants
(Applicants)
and
RHOXALPHARMA INC. and
THE MINISTER OF HEALTH
Respondents
(Respondents)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on November 28, 2001.)
RICHARD C.J.
[1] We are of the view, based on the decision of this Court in Pfizer Canada Inc. v. Apotex Inc., (2001) 11 C.P.R. (4th) 245 (F.C.A.); motion for leave to appeal dismissed, Supreme Court of Canada Bulletin of Proceedings, September 28, 2001, that the motion to dismiss the appeal on the ground that the appeal is moot should be allowed and, accordingly, the appeal will be dismissed with costs to Rhoxalpharma Inc.
"J. Richard"
Chief Justice
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