Astrazeneca Canada Inc. v. Canada (Minister of Health)
The Federal Court of Appeal held that the Federal Court applied the correct standard (reasonableness) and that, on the evidence, it was open to the Federal Court to conclude that the Minister acted reasonably in issuing the NOC to Apotex without requiring new patent allegations regarding patents '693 and '891;...
Source-derived case information.
- Citation
- 2005 FCA 58
- Parties
- Appellant: AstraZeneca Canada Inc.; Respondent: The Minister of Health; The Attorney General of Canada; Respondent: Apotex Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 February 2005
- Procedural Posture
- Judicial Review of Administrative Decision (minister of Health Decision to Issue Notice of Compliance) / Appeal to the Federal Court of Appeal From Federal Court Judicial Review Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Standard of Review, Notice of Compliance (noc), Patent Allegations, Reasonableness Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AstraZeneca Canada Inc.
Appellant
The Minister of Health; The Attorney General of Canada
Respondent
Apotex Inc.
Respondent
Procedural Posture
Judicial Review of Administrative Decision (minister of Health Decision to Issue Notice of Compliance) / Appeal to the Federal Court of Appeal From Federal Court Judicial Review Decision
Legal Issues
- 1 Whether judicial review lay from the Minister's decision to issue a NOC
- 2 Whether the Federal Court applied the correct standard of review
- 3 Whether the Minister acted reasonably in issuing a NOC to Apotex without requiring new patent allegations regarding patents '693 and '891
Ratio Decidendi
The Federal Court of Appeal held that the Federal Court applied the correct standard (reasonableness) and that, on the evidence, it was open to the Federal Court to conclude that the Minister acted reasonably in issuing the NOC to Apotex without requiring new patent allegations regarding patents '693 and '891; accordingly the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs to the Minister of Health and to Apotex Inc.
Full Case Text
Judgment text and source record
1 paragraphs
Astrazeneca Canada Inc. v. Canada (Minister of Health) Court (s) Database Federal Court of Appeal Decisions Date 2005-02-09 Neutral citation 2005 FCA 58 File numbers A-537-04 Decision Content Date: 20050209 Docket: A-537-04 Citation: 2005 FCA 58 CORAM: NOËL J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ASTRAZENECA CANADA INC. Appellant (Applicant) and THE MINISTER OF HEALTH, THE ATTORNEY GENERAL OF CANADA and APOTEX INC. Respondents (Respondents) Heard at Ottawa, Ontario, on February 9, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on February 9, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20050209 Docket: A-537-04 Citation: 2005 FCA 58 CORAM: NOËL J.A. SHARLOW J.A. MALONE J.A. BETWEEN: ASTRAZENECA CANADA INC. Appellant (Applicant) and THE MINISTER OF HEALTH, THE ATTORNEY GENERAL OF CANADA and APOTEX INC. Respondents (Respondents) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on February 9, 2005) NOËL J.A. [1] This is an appeal from a decision of Kelen J. ([2004] F.C.J. No. 1546; 2004 F.C. 1278) sitting in judicial review of a prior decision of the Minister of Health to issue a notice of compliance to Apotex Inc. for omeprazole 20 milligrams capsules. [2] Assuming without deciding that judicial review did lie from the decision of the Minister, we are of the view that Kelen J. applied the correct standard in assessing the Minister's decision. We are also of the view that applying that standard (reasonableness), it was open to Kelen J. based on the evidence before him, to hold that the Minister had acted reasonably in issuing a NOC to Apotex for its revised formulation without requiring Apotex to file a new allegation in relation to patents '693 and '891. [3] The appeal will be dismissed with costs to both the Minister and Apotex. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-537-04 AN APPEAL OF THE FEDERAL COURT OF KELEN J. DATED SEPTEMBER 20, 2004 STYLE OF CAUSE: AstraZeneca Canada Inc. v. The Minister of Health, the Attorney General of Canada and Apotex Inc. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: February 9, 2005 REASONS FOR JUDGMENT OF THE COURT: Noël J.A. Sharlow J.A. Malone J.A. DELIVERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Mr. Gunars A. Gaikis Mr. J. Sheldon Hamilton Ms. Nancy Pei For AstraZeneca Canada Inc. Mr. F.B. Woyiwada For the Minister of Health and the Attorney General of Canada Mr. H.B. Radomski Mr. Andrew Brodkin For Apotex Inc. SOLICITORS OF RECORD: Smart and Biggar Toronto, Ontario For AstraZeneca Canada Inc. Mr. John Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario For the Minister of Health and the Attorney General of Canada Goodmans LLP Toronto, Ontario For Apotex Inc.