Date:
20090429
Dockets: A-9-09
A-10-09
Citation: 2009 FCA 134
CORAM: NOËL J.A.
LAYDEN-STEVENSON J.A.
TRUDEL J.A.
A-9-09
BETWEEN:
LUNDBECK
CANADA INC.
Appellant
and
THE MINISTER
OF HEALTH and RATIOPHARM INC.
Respondents
A-10-09
BETWEEN:
LUNDBECK
CANADA INC.
Appellant
and
THE MINISTER
OF HEALTH and COBALT PHARMACEUTICALS INC.
Respondents
Heard at Ottawa,
Ontario, on April 29,
2009.
Judgment delivered from the Bench at Ottawa, Ontario, on April 29, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date:
20090429
Dockets: A-9-09
A-10-09
Citation:
2009 FCA 134
CORAM: NOËL
J.A.
LAYDEN-STEVENSON
J.A.
TRUDEL
J.A.
A-9-09
BETWEEN:
LUNDBECK
CANADA INC.
Appellant
and
THE MINISTER
OF HEALTH and RATIOPHARM INC.
Respondents
A-10-09
BETWEEN:
LUNDBECK
CANADA INC.
Appellant
and
THE MINISTER
OF HEALTH and COBALT PHARMACEUTICALS INC.
Respondents
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on April 29, 2009)
NOËL J.A.
[1]
The
issue in these appeals is whether Justice Lemieux erred in striking out the
appellants’ applications for judicial review.
[2]
In
our view, Justice Lemieux committed no error in concluding that the
applications were bereft of any chance of success. In so holding, we adopt the
reasoning which he sets out at paragraphs 33 to 46 of his reasons.
[3]
Having
so concluded, it is not necessary to examine the other grounds on which Justice
Lemieux struck the applications.
[4]
The
appeals will be dismissed with costs in favour of the respondent Cobalt
Pharmaceuticals Inc. in file A-10-09, and with costs in favour of Ratiopharm
Inc. in file A-9-09.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-9-09
(APPEAL
FROM A JUDGMENT OF MR. JUSTICE LEMIEUX OF THE FEDERAL COURT OF CANADA DATED
DECEMBER 16, 2008, DOCKET NO. T-296-08.)
STYLE OF CAUSE: Lundbeck
Canada Inc. and The Minister of Health and Ratiopharm Inc.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: April 29, 2009
REASONS FOR JUDGMENT OF THE
COURT BY: Noël, Layden-Stevenson, Trudel JJ.A.
DELIVERED FROM THE BENCH BY: Noël J.A.
APPEARANCES:
|
Marek Nitoslawski
Jean-Philippe
Mikus
Marie
Lafleur
|
FOR
THE APPELLANT
|
|
Rick Woyiwada
|
FOR
THE RESPONDENT
(The
Minister of Health)
|
|
Arthur
Renaud
|
FOR
THE RESPONDENT
(Ratiopharm
Inc.)
|
SOLICITORS
OF RECORD:
|
Fasken
Martineau DuMoulin LLP
Montréal,
Quebec
|
FOR
THE APPELLANT
|
|
John
H. Simms, Q.C.
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
(The
Minister of Health)
|
|
Bennett Jones LLP
Toronto, Ontario
|
FOR
THE RESPONDENT
(Ratiopharm
Inc.)
|
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-10-09
(APPEAL
FROM A JUDGMENT OF MR. JUSTICE LEMIEUX OF THE FEDERAL COURT OF CANADA DATED
DECEMBER 16, 2008, DOCKET NO. T-1143-08.)
STYLE OF CAUSE: Lundbeck
Canada Inc. and The Minister of Health and Cobalt Pharmaceuticals Inc.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: April
29, 2009
REASONS FOR JUDGMENT OF THE
COURT BY: Noël,
Layden-Stevenson, Trudel JJ.A.
DELIVERED FROM THE BENCH BY: Noël
J.A.
APPEARANCES:
|
Marek
Nitoslawski
Jean-Philippe
Mikus
Marie
Lafleur
|
FOR
THE APPELLANT
|
|
Rick
Woyiwada
|
FOR
THE RESPONDENT
(The
Minister of Health)
|
|
Tim
Gilbert
Shonagh
McVean
Jocelyn
Mackie
|
FOR
THE RESPONDENT
(Cobalt
Pharmaceuticals Inc.)
|
SOLICITORS
OF RECORD:
|
Fasken
Martineau DuMoulin LLP
Montréal,
Quebec
|
FOR
THE APPELLANT
|
|
John
H. Simms, Q.C.
Deputy
Attorney General of Canada
|
FOR
THE RESPONDENT
(The
Minister of Health)
|
|
Gilbert’s
LLP
Toronto,
Ontario
|
FOR
THE RESPONDENT
(Cobalt
Pharmaceuticals Inc.)
|
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