Date: 20021217
Docket: A-104-02
Neutral citation: 2002 FCA 504
CORAM: RICHARD C.J.
STONE J.A.
NOËL J.A.
BETWEEN:
BOARD STAFF OF THE PATENTED
MEDICINE PRICES REVIEW BOARD
Appellant
(Proposed Respondent or Intervener)
and
HOECHST MARION ROUSSEL CANADA
Respondent
(Applicant)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
Heard at Ottawa, Ontario, on December 17, 2002.
Judgment delivered from the Bench at Ottawa, Ontario, on December 17, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20021217
Docket: A-104-02
Neutral citation: 2002 FCA 504
CORAM: RICHARD C.J.
STONE J.A.
NOËL J.A.
BETWEEN:
BOARD STAFF OF THE PATENTED
MEDICINE PRICES REVIEW BOARD
Appellant
(Proposed Respondent or Intervener)
and
HOECHST MARION ROUSSEL CANADA
Respondent
(Applicant)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on December 17, 2002.)
[1] The appellant has not demonstrated that the Motions Judge misapprehended the facts or committed an error of principle in concluding as he did.
[2] Accordingly, the appeal will be dismissed with costs to the respondent, Hoechst Marion Roussel Canada.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-104-02
STYLE OF CAUSE:
PATENTED MEDICINE PRICES REVIEW BOARD AND OTHERS
and
HOECHST MARION ROUSSEL CANADA, INC. AND OTHERS
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: December 17, 2002
REASONS FOR JUDGMENT OF THE COURT : RICHARD C.J.
STONE J.A.
NOËL J.A.
REASONS FOR JUDGMENT DELIVERED FROM THE BENCH AT OTTAWA, ONTARIO, ON DECEMBER 17, 2002
APPEARANCES:
Mr. Gordon Cameron FOR THE APPELLANT
PATENTED MEDICINE PRICES REVIEW BOARD
Mr. Guy Pratte FOR THE APPELLANT
BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD
Mr. Martin Mason FOR THE RESPONDENT,
HOECHST MARION ROUSSEL CANADA INC.
Mr. Frederick Woyiwada FOR THE RESPONDENT,
ATTORNEY GENERAL OF CANADA
SOLICITORS OF RECORD:
Blake, Cassels & Graydon LLP
Ottawa, Ontario FOR THE APPELLANT
PATENTED MEDICINE PRICES REVIEW BOARD
Borden Ladner Gervais LLP
Ottawa, Ontario FOR THE APPELLANT
BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD
Gowling, Lafleur , Herderson LLP
Ottawa, Ontatio FOR THE RESPONDENT
HOECHST MARION ROUSSEL CANADA INC.
Mr. Morris Rosenberg
The Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
ATTORNEY GENERAL OF CANADA
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