Date: 20020507
Docket: A-602-01
Neutral citation: 2002 FCA 179
CORAM: STONE J.A.
BETWEEN:
ASTRAZENECA CANADA INC.
Appellant
(Proposed Respondent/Intervenor)
and
REDDY-CHEMINOR, INC.
Respondent
(Applicant)
and
THE ATTORNEY GENERAL OF CANADA and
THE MINISTER OF HEALTH
Respondents
(Respondent)
Heard at Ottawa, Ontario, on Tuesday, May 7, 2002.
Judgment delivered at Ottawa, Ontario, on Tuesday, May 7, 2002.
REASONS FOR JUDGMENT BY: STONE J.A.
Date: 20020507
Docket: A-602-01
Neutral citation: 2002 FCA 179
CORAM: STONE J.A.
BETWEEN:
ASTRAZENECA CANADA INC.
Appellant
(Proposed Respondent/Intervenor)
and
REDDY-CHEMINOR, INC.
Respondent
(Applicant)
and
THE ATTORNEY GENERAL OF CANADA and
THE MINISTER OF HEALTH
Respondents
(Respondents)
REASONS FOR JUDGMENT
(Delivered from the Bench at Ottawa, Ontario, Tuesday, May 7, 2002)
[1] This is an appeal from an order of Lemieux J. dismissing the appellant's motion to be joined as a party or to intervene in an application for judicial review brought by the respondent Reddy-Cheminor, Inc. to have reviewed and set aside a decision of the Minister of Health dated November 10, 2000. By that decision, the Minister refused to accept that respondent's Abbreviated New Drug Submission in respect of their omeprazole capsules as pharmaceutically equivalent with the appellant's omeprazole magnesium tablets.
[2] The appellant has also brought two proceedings pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations by which the appellant seeks to prohibit the Minister from issuing Notices of Compliances to the respondent Reddy-Cheminor, Inc. in respect of that respondent's drug.
[3] The motion for joinder was brought pursuant to Rule 104 of the Federal Court Rules, 1998. Intervener status was sought under Rule 109.
[4] All of the arguments that were rejected by Lemieux J. were raised again before this Court. Lemieux J. dealt with each argument in some detail before rejecting it. That decision was discretionary in nature and as such should not be interfered with by this Court unless we were satisfied that the Motions Judge failed to give sufficient weight to all relevant considerations: Reza v. Canada, [1994] 2 S.C.R. 394. In our view, Lemieux J. did not so err in rejecting the motion for joinder and to intervene.
[5] Accordingly, the appeal will be dismissed with costs to the respondents for the reasons given by Lemieux J. with which we are in substantial agreement.
"A.J. STONE"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-602-01
STYLE OF CAUSE: ASTRAZENECA CANADA INC. v. REDDY-CHEMINOR, INC. ET AL.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: May 7, 2002
REASONS FOR JUDGMENT OF THE COURT (Stone, Noël, Sexton, JJ.A.)
RENDERED FROM THE BENCH BY: Stone, J.A.
APPEARANCES:
Mr. J. Sheldon Hamilton for the Appellant
Ms. Denise Lacombe
Mr. Douglas N. Deeth for the Respondent, Reddy-
Mr. Gordon S. Jepson Cheminor, Inc.
Ms. Sogie Sabeta for the Respondents, The Attorney
General of Canada and The Minister
of Health
SOLICITORS OF RECORD:
Smart & Biggar for the Appellant
Barristers & Solicitors
Toronto, Ontario
Deeth Williams Wall LLP for the Respondent, Reddy-
Barristers & Solicitors Chemonor, Inc.
Toronto, Ontario
Mr. Morris Rosenberg for the Respondent, The Attorney
Deputy Attorney General of Canada General of Canada and The Minister
Ottawa, Ontario of Health