Date: 20060627
Dockets: A-268-05
Citation: 2006 FCA 243
CORAM: RICHARD C.J.
NADON J.A.
EVANS J.A.
BETWEEN:
ASTRAZENECA CANADA INC.
Appellant/
Applicant
and
HEALTH CANADA, THE MINISTER OF HEALTH
and THE ATTORNEY GENERAL OF CANADA
Respondents/
Respondents
Heard at Ottawa, Ontario, on June 27, 2006.
Judgment delivered from the Bench at Ottawa, Ontario, on June 27, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20060627
Dockets: A-268-05
Citation: 2006 FCA 243
CORAM: RICHARD C.J.
NADON J.A.
EVANS J.A.
BETWEEN:
ASTRAZENECA CANADA INC.
Appellant/
Applicant
and
HEALTH CANADA, THE MINISTER OF HEALTH
and THE ATTORNEY GENERAL OF CANADA
Respondents/
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on June 27, 2006)
RICHARD C.J.
[1] This appeal is from an order of Mr. Justice Phelan dated May 9, 2005 (2005 FC 647) in which he dismissed the appellant's application pursuant to s. 44 of the Access to Information Act R.S.C. 1985, c. A-1 (the Act).
[2] We are satisfied that the Federal Court Judge made no error in the formulation of the application of the applicable legal principles and made no palpable or overriding error in reaching his decision.
[3] Accordingly, the appeal will be dismissed with costs.
"J. Richard"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-268-05
APPEAL FROM THE ORDER OF THE FEDERAL COURT DATED MAY 9, 2006, DOCKET NO. T-754-02
STYLE OF CAUSE: Astrazeneca Canada Inc. v. Health Canada et al.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: June 27, 2006
REASONS FOR JUDGMENT OF THE COURT: (Richard C.J., Nadon J.A. & Evans J.A.)
DELIVERED FROM THE BENCH BY: Richard C.J.
APPEARANCES:
| Mr. J. Sheldon Hamilton
Ms. Denise Lacombe
|
FOR THE APPELLANT
|
| Ms. Sadian Campbell
Mr. Derek Edwards
|
FOR THE RESPONDENTS
|
SOLICITORS OF RECORD:
| Smart & Biggar
Toronto, Ontario
|
FOR THE APPELLANT
|
| John H. Sims, Q.C.
Deputy Attorney General of Canada
Toronto, Ontario
|
FOR THE RESPONDENTS
|
Email this Content