Date:20010129
Docket:A-222-99
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
APOTEX INC.
Appellant
(Applicant)
- and -
MINISTER OF HEALTH and
SMITHKLINE BEECHAM PHARMA INC.
Respondents
(Respondents)
Heard at Toronto, Ontario, Monday, January 29, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Monday, January 29, 2001
REASONS FOR JUDGMENT OF THE COURT PRONOUNCED BY:
| ROTHSTEIN J.A. |
Date: 20010129
Docket: A-222-99
| CORAM: STRAYER J.A. |
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
APOTEX INC.
Appellant
(Applicant)
- and -
MINISTER OF HEALTH and
SMITHKLINE BEECHAM PHARMA INC.
Respondents
(Respondents)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto,
Ontario on Monday, January 29, 2001)
ROTHSTEIN J.A.
| _. We have not been persuaded of any error in the reasons of McGillis J. |
| _. Before this Court counsel for Apotex made oral submissions that the filing of a second original patent list with regard to the same drug for which a prior original list had been filed was inappropriate. This issue was not raised in the judicial review before McGillis J. nor in the factums in this appeal. This issue is left for another day. |
| _. We would dismiss the appeal with costs to SmithKline Beecham Pharma Inc. |
"Marshall Rothstein"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-222-99 |
| STYLE OF CAUSE: APOTEX INC. |
Appellant
(Applicant)
- and -
| MINISTER OF HEALTH and |
SMITHKLINE BEECHAM PHARMA INC.
Respondents
(Respondents)
DATE OF HEARING: MONDAY, JANUARY 29, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| OF THE COURT PRONOUNCED BY: ROTHSTEIN J.A. |
Delivered at Toronto, Ontario on Monday, January 29, 2001
APPEARANCES: H. B. Radomski
| For the Appellant (Applicant) |
James Mills, and
Anthony G. Creber
| For the Respondent, SmithKline |
| Beecham Pharma Inc. |
F. B. Woyiwada
For the Respondent, The Minister of Health
| SOLICITORS OF RECORD: Goodman Phillips & Vineberg |
Barristers & Solicitors
250 Yonge Street
Suite 2400
Toronto, Ontario
M5B 2M6
| For the Appellants (Applicant) |
Gowling Strathy & Henderson
Barristers & Solicitors
160 Elgin Street
Ottawa, Ontario
K1P 1C3
| For the Respondent, SmithKline Beecham Pharma Inc. |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent, The Minister of Health |
FEDERAL COURT OF APPEAL
Date: 20010129
Docket: A-222-99
BETWEEN:
| APOTEX INC. |
Appellant
(Applicant)
- and -
| MINISTER OF HEALTH and |
SMITHKLINE BEECHAM PHARMA INC.
Respondents
(Respondents)
| REASONS FOR JUDGMENT OF |
THE COURT