Date: 19990511
Docket: A-289-98
A-315-98
A-316-98
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
AB HASSLE, ASTRA AB
-and-
ASTRA PHARMA INC.
Appellants
(Applicants)
AND
THE MINISTER OF NATIONAL HEALTH AND WELFARE
RHOXALPHARMA INC.
TAKEDA CHEMICAL INDUSTRIES, LTD.
Respondents
(Respondents)
Heard at Montreal, Quebec, Tuesday, May 11, 1999.
Judgment delivered from the Bench at Montreal, Quebec, Tuesday, May 11, 1999.
REASONS FOR JUDGMENT BY: NOËL J.A.
Date: 19990511
Docket: A-289-98
A-315-98
A-316-98
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
BETWEEN:
AB HASSLE, ASTRA AB
-and-
ASTRA PHARMA INC.
Appellants
(Applicants)
AND
THE MINISTER OF NATIONAL HEALTH AND WELFARE
RHOXALPHARMA INC.
TAKEDA CHEMICAL INDUSTRIES, LTD.
Respondents
(Respondents)
REASONS FOR JUDGMENT
NOËL J.A.
[1] We are all of the view that prior to the disclosure by a second person of the factual basis for a notice of allegation pursuant to Section 5(3) of the Patented Medecines (Notice of Compliance) Regulations,1 a confidentiality order may be issued on the basis of a subjective but reasonably held belief. As this Court stated in Bayer AG et al v. Minister of Health and Welfare et al 51 C.P.R. (3d) 329 at 338:
| An Applicant for a NOC alleging a different process cannot be expected to make full disclosure without a protective order. |
[2] We are satisfied that the learned motions Judge applied the proper test. Therefore this appeal will be dismissed with costs.
Marc Noël
J.A.
FEDERAL COURT OF APPEAL
Date: 19990511
Docket: A-289-98
A-315-98
A-316-98
BETWEEN:
AB HASSLE, ASTRA AB
-and-
ASTRA PHARMA INC.
Appellants
(Applicants)
AND
THE MINISTER OF NATIONAL
HEALTH AND WELFARE,
RHOXALPHARMA INC.,
TAKEDA CHEMICAL INDUSTRIES, LTD.
Respondents
(Respondents)
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NUMBERS: A-289-98, A-315-98, A-316-98
STYLE OF CAUSE: AB HASSLE, ASTRA AB,
- and - ASTRA PHARMA INC.
Applicants
(Applicants)
AND
| THE MINISTER OF NATIONAL HEALTH AND WELFARE, |
| RHOXALPHARMA INC, |
| TAKEDA CHEMICAL INDUSTRIES, LTD. |
Respondents
(Respondents)
PLACE OF HEARING: Montreal, Québec
DATE OF HEARING: May 11, 1999
REASONS FOR JUDGMENT OF THE COURT (DESJARDINS, LÉTOURNEAU, NOËL, JJ.A.) DELIVERED FROM THE BENCH BY:
Noël J.A.
DATED: May 11, 1999
APPEARANCES:
J. Sheldon Hamilton for the Applicants
Martin Sheehan for the Respondent RhoxalPharma Inc.
- 2 -
SOLICITORS OF RECORD:
SMART & BIGGAR
Toronto, Ontario for the Applicants
MARTINEAU WALKER
Montreal, Quebec for the Respondent RhoxalPharma Inc.
__________________