Lundbeck Canada Inc. v. Canada (Health)
The appeals are dismissed because Justice Lemieux did not err in finding the applicants' judicial review applications were bereft of any chance of success and therefore properly struck them out; consequently there was no need to consider the other grounds relied upon by the judge.
Source-derived case information.
- Citation
- 2009 FCA 134
- Parties
- Appellant: Lundbeck Canada Inc.; Respondent: The Minister of Health; Respondent: Ratiopharm Inc.; Respondent: Cobalt Pharmaceuticals Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 April 2009
- Procedural Posture
- Judicial Review Appeal / Appeal to Federal Court of Appeal From Federal Court Decision Striking Out Judicial Review Applications
- Outcome
- Appeals dismissed
- Legal Topics
- Strike Out for No Reasonable Chance of Success, Standard of Review, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Lundbeck Canada Inc.
Appellant
The Minister of Health
Respondent
Ratiopharm Inc.
Respondent
Cobalt Pharmaceuticals Inc.
Respondent
Procedural Posture
Judicial Review Appeal / Appeal to Federal Court of Appeal From Federal Court Decision Striking Out Judicial Review Applications
Legal Issues
- 1 Whether Justice Lemieux erred in striking out the appellants' applications for judicial review
- 2 Whether the applications had any real chance of success such that striking them out was improper
Ratio Decidendi
The appeals are dismissed because Justice Lemieux did not err in finding the applicants' judicial review applications were bereft of any chance of success and therefore properly struck them out; consequently there was no need to consider the other grounds relied upon by the judge.
Court Disposition
Appeals dismissed
Orders
- Appeal A-10-09 dismissed with costs in favour of Cobalt Pharmaceuticals Inc.
- Appeal A-9-09 dismissed with costs in favour of Ratiopharm Inc.
Full Case Text
Judgment text and source record
1 paragraphs
Lundbeck Canada Inc. v. Canada (Health) Court (s) Database Federal Court of Appeal Decisions Date 2009-04-29 Neutral citation 2009 FCA 134 File numbers A-9-09 Decision Content Date: 20090429 Dockets: A-9-09 A-10-09 Citation: 2009 FCA 134 CORAM: NOËL J.A. LAYDEN-STEVENSON J.A. TRUDEL J.A. A-9-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and RATIOPHARM INC. Respondents A-10-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and COBALT PHARMACEUTICALS INC. Respondents Heard at Ottawa, Ontario, on April 29, 2009. Judgment delivered from the Bench at Ottawa, Ontario, on April 29, 2009. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20090429 Dockets: A-9-09 A-10-09 Citation: 2009 FCA 134 CORAM: NOËL J.A. LAYDEN-STEVENSON J.A. TRUDEL J.A. A-9-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and RATIOPHARM INC. Respondents A-10-09 BETWEEN: LUNDBECK CANADA INC. Appellant and THE MINISTER OF HEALTH and COBALT PHARMACEUTICALS INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on April 29, 2009) NOËL J.A. [1] The issue in these appeals is whether Justice Lemieux erred in striking out the appellants’ applications for judicial review. [2] In our view, Justice Lemieux committed no error in concluding that the applications were bereft of any chance of success. In so holding, we adopt the reasoning which he sets out at paragraphs 33 to 46 of his reasons. [3] Having so concluded, it is not necessary to examine the other grounds on which Justice Lemieux struck the applications. [4] The appeals will be dismissed with costs in favour of the respondent Cobalt Pharmaceuticals Inc. in file A-10-09, and with costs in favour of Ratiopharm Inc. in file A-9-09. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-9-09 (APPEAL FROM A JUDGMENT OF MR. JUSTICE LEMIEUX OF THE FEDERAL COURT OF CANADA DATED DECEMBER 16, 2008, DOCKET NO. T-296-08.) STYLE OF CAUSE: Lundbeck Canada Inc. and The Minister of Health and Ratiopharm Inc. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 29, 2009 REASONS FOR JUDGMENT OF THE COURT BY: Noël, Layden-Stevenson, Trudel JJ.A. DELIVERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Marek Nitoslawski Jean-Philippe Mikus Marie Lafleur FOR THE APPELLANT Rick Woyiwada FOR THE RESPONDENT (The Minister of Health) Arthur Renaud FOR THE RESPONDENT (Ratiopharm Inc.) SOLICITORS OF RECORD: Fasken Martineau DuMoulin LLP Montréal, Quebec FOR THE APPELLANT John H. Simms, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT (The Minister of Health) Bennett Jones LLP Toronto, Ontario FOR THE RESPONDENT (Ratiopharm Inc.) FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-10-09 (APPEAL FROM A JUDGMENT OF MR. JUSTICE LEMIEUX OF THE FEDERAL COURT OF CANADA DATED DECEMBER 16, 2008, DOCKET NO. T-1143-08.) STYLE OF CAUSE: Lundbeck Canada Inc. and The Minister of Health and Cobalt Pharmaceuticals Inc. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: April 29, 2009 REASONS FOR JUDGMENT OF THE COURT BY: Noël, Layden-Stevenson, Trudel JJ.A. DELIVERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Marek Nitoslawski Jean-Philippe Mikus Marie Lafleur FOR THE APPELLANT Rick Woyiwada FOR THE RESPONDENT (The Minister of Health) Tim Gilbert Shonagh McVean Jocelyn Mackie FOR THE RESPONDENT (Cobalt Pharmaceuticals Inc.) SOLICITORS OF RECORD: Fasken Martineau DuMoulin LLP Montréal, Quebec FOR THE APPELLANT John H. Simms, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT (The Minister of Health) Gilbert’s LLP Toronto, Ontario FOR THE RESPONDENT (Cobalt Pharmaceuticals Inc.)