Janssen-Ortho Inc. v. Canada (Minister of Health)
The appeal was dismissed because the Court was not persuaded the case was distinguishable from Novartis and was not persuaded that Novartis was manifestly wrong for allegedly overlooking section 4 of the PM(NOC) Regulations; accordingly Novartis and Miller govern and require dismissal with costs to respondents.
Source-derived case information.
- Citation
- 2004 FCA 62
- Parties
- Appellant: Janssen-Ortho Inc.; Respondent: The Minister of Health; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 February 2004
- Procedural Posture
- Appeal (federal Court of Appeal) / Judgment Delivered From the Bench
- Outcome
- Appeal dismissed
- Legal Topics
- Patented Medicines (notice of Compliance) Regulations, Notice of Compliance Process, Statutory Interpretation, Precedent and Stare Decisis
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Janssen-Ortho Inc.
Appellant
The Minister of Health
Respondent
The Attorney General of Canada
Respondent
Procedural Posture
Appeal (federal Court of Appeal) / Judgment Delivered From the Bench
Legal Issues
- 1 Whether this case is distinguishable from Novartis Pharmaceuticals Canada Inc. v. Canada (Minister of Health) (2003)
- 2 Whether the Novartis decision was manifestly wrong for overlooking s.4 of the Patented Medicines (Notice of Compliance) Regulations
- 3 Interpretation and application of s.4 of the Patented Medicines (Notice of Compliance) Regulations
Ratio Decidendi
The appeal was dismissed because the Court was not persuaded the case was distinguishable from Novartis and was not persuaded that Novartis was manifestly wrong for allegedly overlooking section 4 of the PM(NOC) Regulations; accordingly Novartis and Miller govern and require dismissal with costs to respondents.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondents of $2,000 inclusive of disbursements
Full Case Text
Judgment text and source record
1 paragraphs
Janssen-Ortho Inc. v. Canada (Minister of Health) Court (s) Database Federal Court of Appeal Decisions Date 2004-02-09 Neutral citation 2004 FCA 62 File numbers A-171-03 Decision Content Date: 20040209 Docket: A-171-03 Citation: 2004 FCA 62 CORAM: ROTHSTEIN J.A. EVANS J.A. PELLETIER J.A. BETWEEN: JANSSEN-ORTHO INC. Appellant and THE MINISTER OF HEALTH and THE ATTORNEY GENERAL OF CANADA Respondents Heard at Toronto, Ontario, on February 9, 2004. Judgment delivered from the Bench at Toronto, Ontario, on February 9, 2004. REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A. Date: 20040209 Docket: A-171-03 Citation: 2004 FCA 62 CORAM: ROTHSTEIN J.A. EVANS J.A. PELLETIER J.A. BETWEEN: JANSSEN-ORTHO INC. Appellant and THE MINISTER OF HEALTH and THE ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on February 9, 2004) ROTHSTEIN J.A. [1] In spite of counsel's able argument, we have not been convinced that this case is distinguishable from Novartis Pharmaceuticals Canada Inc. v. Canada (Minister of Health) (2003), 28 C.P.R. (4th) 1, 2003 FCA 299. Nor have we been persuaded that the Court in Novartis was manifestly wrong in the sense that it overlooked a relevant statutory provision i.e. section 4 of the Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, as amended by SOR/98-166. [2] Having regard to Novartis and Miller v. Canada (Attorney General) (2002), 220 D.L.R. (4th) 149, 2002 FCA 370, we will dismiss this appeal with costs to the respondents of $2,000 inclusive of disbursements. "Marshall Rothstein" J.A. FEDERAL COURT OF APPEAL Names of Counsel and Solicitors of Record DOCKET: A-171-03 STYLE OF CAUSE: JANSSEN-ORTHO INC. Appellant and THE MINISTER OF HEALTH and THE ATTORNEY GENERAL OF CANADA Respondents DATE OF HEARING: FEBRUARY 9, 2004 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: (ROTHSTEIN, EVANS & PELLETIER JJ.A.) DELIVERED FROM THE BENCH BY: ROTHSTEIN J.A. APPEARANCES BY: Ms. Sheila Block Mr. Andrew Shaughnessy FOR THE APPELLANT Ms. Marie Crowley FOR THE RESPONDENTS SOLICITORS OF RECORD: Torys LLP Toronto, Ontario FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENTS