Fournier Pharma Inc. v. Canada (Minister of Health)
The Prothonotary did not commit a reviewable error in dismissing the appellants' s.6(7) motion; he considered the relevant factors, and the appellants' delay—found to be undue—was a factual determination to which the appellate court will not intervene.
Source-derived case information.
- Citation
- 2004 FCA 216
- Parties
- Appellant: FOURNIER PHARMA INC.; Appellant: LABORATOIRES FOURNIER S.A.; Respondent: THE MINISTER OF HEALTH; Respondent: APOTEX INC.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 2 June 2004
- Procedural Posture
- Appeal Under Patented Medicines (notice of Compliance) Regulations / Appeal Judgment
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Discovery, Document Production, Case Management Discretion, Delay, S.6(7) NOC Regulations
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
FOURNIER PHARMA INC.
Appellant
LABORATOIRES FOURNIER S.A.
Appellant
THE MINISTER OF HEALTH
Respondent
APOTEX INC.
Respondent
Procedural Posture
Appeal Under Patented Medicines (notice of Compliance) Regulations / Appeal Judgment
Legal Issues
- 1 Whether the Prothonotary erred in exercising discretion to dismiss the motion for further document production under s.6(7) of the NOC Regulations
- 2 Whether the Prothonotary failed to consider factors other than delay, specifically the relevance and importance of the documents sought
- 3 Whether the Prothonotary attached undue weight to the appellants' delay and ignored relevance
Ratio Decidendi
The Prothonotary did not commit a reviewable error in dismissing the appellants' s.6(7) motion; he considered the relevant factors, and the appellants' delay—found to be undue—was a factual determination to which the appellate court will not intervene.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Fournier Pharma Inc. v. Canada (Minister of Health) Court (s) Database Federal Court of Appeal Decisions Date 2004-06-02 Neutral citation 2004 FCA 216 File numbers A-551-03 Decision Content Date: 20040602 Docket: A-551-03 Citation: 2004 FCA 216 CORAM: NOËL J.A. SEXTON J.A. EVANS J.A. BETWEEN: FOURNIER PHARMA INC. and LABORATOIRES FOURNIER S. A. Appellants and THE MINISTER OF HEALTH and APOTEX INC. Respondents Heard at Toronto, Ontario, on June 2nd, 2004. Judgment delivered from the Bench at Toronto, Ontario, on June 2nd, 2004. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20040602 Docket: A-551-03 Citation: 2004 FCA 216 CORAM: NOËL J.A. SEXTON J.A. EVANS J.A. BETWEEN: FOURNIER PHARMA INC. and LABORATOIRES FOURNIER S. A. Appellants and THE MINISTER OF HEALTH and APOTEX INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on June 2nd, 2004) EVANS J.A. [1] We are not satisfied that the Prothonotary committed any reviewable error when he exercised his discretion to dismiss the Appellants' motion brought under ss. 6(7) of the Patented Medicines (Notice of Compliance) Regulations for the further production of documents. [2] Counsel did not persuade us that, while sitting in a case management capacity, the Prothonotary failed to consider factors other than delay (the relevance and importance of the information sought, in particular) or that, in the circumstances of this case, he attached undue weight to the Appellants' delay and none to the relevance of the required information. Whether the Appellants' delay was itself undue is a finding of fact with which we cannot interfere. [3] For these reasons, the appeal will be dismissed with costs. "John M. Evans" J.A. FEDERAL COURT OF APPEAL Names of Counsel and Solicitors of Record DOCKET: A-551-03 STYLE OF CAUSE: FOURNIER PHARMA INC. and LABORATOIRES FOURNIER S.A. Appellants and THE MINISTER OF HEALTH and APOTEX INC. Respondents PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JUNE 2, 2004 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A., SEXTON J.A., EVANS J.A. DELIVERED FROM THE BENCH: EVANS J.A. APPEARANCES BY: Mr. David M. Reive FOR THE APPELLANTS Mr. Nando De Luca Ms. Natalie Butterfield FOR THE RESPONDENT (Apotex Inc.) Mr. Eric Peterson FOR THE RESPONDENT (The Minister of Health) SOLICITORS OF RECORD: Dimock Stratton Clarizio LLP Toronto, Ontario FOR THE APPELLANTS Goodmans LLP Toronto, Ontario FOR THE RESPONDENT (Apotex Inc.) Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT (The Minister of Health)