Federal Court of Appeal Decisions

Decision Information

Astrazeneca Canada Inc. v. Canada (Minister of National Health and Welfare)

Court (s) Database Federal Court of Appeal Decisions
Date 2001-06-27
Neutral citation 2001 FCA 219
File numbers A-634-00

Decision Content

Date: 20010627

Docket: A-634-00

Neutral citation: 2001 FCA 219

CORAM:             DÉCARY J.A.

NOËL J.A.

SHARLOW J.A.

BETWEEN:

ASTRAZENECA CANADA INC. and

TAKEDA CHEMICAL INDUSTRIES, LTD.

Appellants

(Applicants)

and

THE MINISTER OF NATIONAL HEALTH AND WELFARE

and APOTEX INC.

Respondents

(Respondents)

Heard at Ottawa, Ontario on Wednesday, June 27, 2001

Judgment delivered from the Bench at Ottawa, Ontario on Wednesday, June 27, 2001

REASONS FOR JUDGMENT OF THE COURT BY:     NOËL J.A.


Date: 20010627

Docket: A-634-00

Neutral citation: 2001 FCA 219

CORAM:             DÉCARY J.A.

NOËL J.A.

SHARLOW J.A.

BETWEEN:

ASTRAZENECA CANADA INC. and

TAKEDA CHEMICAL INDUSTRIES, LTD.

Appellants

(Applicants)

and

THE MINISTER OF NATIONAL HEALTH AND WELFARE

and APOTEX INC.

Respondents

(Respondents)

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario

on Wednesday, June 27, 2001)

NOËL J.A.

[1]                Despite Mr. Gaikis' able submissions, we are not persuaded that McKeown J. committed any reviewable error in dismissing the application as an abuse of process pursuant to paragraph 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations.


[2]                The appeal will be dismissed with costs.

               "Marc Noël"                  

J.A.

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