Astrazeneca Canada Inc. v. Canada (Minister of National Health and Welfare)
The Court held that McKeown J. did not commit a reviewable error in dismissing the application as an abuse of process under paragraph 6(5)(b) of the Regulations and accordingly dismissed the appeal with costs.
Source-derived case information.
- Citation
- 2001 FCA 219
- Parties
- Appellant: AstraZeneca Canada Inc.; Appellant: Takeda Chemical Industries, Ltd.; Respondent: The Minister of National Health and Welfare; Respondent: Apotex Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 27 June 2001
- Procedural Posture
- Appeal Under Patented Medicines (notice of Compliance) Regulations / Federal Court of Appeal Decision
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Abuse of Process, Notice of Compliance, Judicial Review, Paragraph 6(5)(b)
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
AstraZeneca Canada Inc.
Appellant
Takeda Chemical Industries, Ltd.
Appellant
The Minister of National Health and Welfare
Respondent
Apotex Inc.
Respondent
Procedural Posture
Appeal Under Patented Medicines (notice of Compliance) Regulations / Federal Court of Appeal Decision
Legal Issues
- 1 Whether the Federal Court judge erred in dismissing the application as an abuse of process under paragraph 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations
- 2 Whether the finding of abuse of process was reviewable on appeal
Ratio Decidendi
The Court held that McKeown J. did not commit a reviewable error in dismissing the application as an abuse of process under paragraph 6(5)(b) of the Regulations and accordingly dismissed the appeal with costs.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
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.