Novopharm Limited v. Canada (Health)
The appeal was moot and the court declined to exercise its discretion to hear it; consequently the motion to dismiss for mootness was allowed and the appeal dismissed with costs.
Source-derived case information.
- Citation
- 2007 FCA 275
- Parties
- Appellant: Novopharm Limited; Respondent: The Minister of Health, Attorney General of Canada; Respondent: Sanofi-Aventis Canada Inc.
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 4 September 2007
- Procedural Posture
- Appeal / Motion to Dismiss for Mootness
- Outcome
- Appeal dismissed as moot
- Legal Topics
- Mootness, Dismissal for Mootness, Judicial Discretion, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Novopharm Limited
Appellant
The Minister of Health, Attorney General of Canada
Respondent
Sanofi-Aventis Canada Inc.
Respondent
Procedural Posture
Appeal / Motion to Dismiss for Mootness
Legal Issues
- 1 Whether the appeal is moot
- 2 Whether the court should exercise its discretion to hear a moot appeal
Ratio Decidendi
The appeal was moot and the court declined to exercise its discretion to hear it; consequently the motion to dismiss for mootness was allowed and the appeal dismissed with costs.
Court Disposition
Appeal dismissed as moot
Orders
- Motion to dismiss the appeal for mootness allowed
- Appeal dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
Novopharm Limited v. Canada (Health) Court (s) Database Federal Court of Appeal Decisions Date 2007-09-04 Neutral citation 2007 FCA 275 File numbers A-189-07 Decision Content Date: 20070904 Docket: A-189-07 Citation: 2007 FCA 275 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: NOVOPHARM LIMITED Appellant and THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA and SANOFI-AVENTIS CANADA INC. Respondents Heard at Ottawa, Ontario, on September 4, 2007. Judgment delivered from the Bench at Ottawa, Ontario, on September 4, 2007. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20070904 Docket: A-189-07 Citation: 2007 FCA 275 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: NOVOPHARM LIMITED Appellant and THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA and SANOFI-AVENTIS CANADA INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 4, 2007) RICHARD C.J. [1] We have determined that the appeal is moot and have decided not to exercise our discretion to hear the appeal. [2] The motion to dismiss the appeal for mootness will be allowed and the appeal will be dismissed with costs. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-189-07 APPEAL FROM A DECISION OF JUSTICE HUGHES DATED MARCH 20, 2007 STYLE OF CAUSE: Novopharm Limited v. Minister of Health, Attorney General Of Canada and Sanofi-Aventis Canada Inc. PLACE OF HEARING: Ottawa DATE OF HEARING: September 4, 2007 REASONS FOR JUDGMENT OF THE COURT BY: Richard C.J. DELIVERED FROM THE BENCH BY: Richard C.J. APPEARANCES: Mr. Jeffrey Leon FOR THE APPELLANT Mr. Robert Staley Ms. Dominique Hussey Mr. Rick Woyiwada FOR THE MINISTER OF HEALTH Mr. David Cowie AND AGC Mr. Gunars Gaikis FOR SANOFI-AVENTIS CANADA Mr. Robert Staley Ms. Dominique Hussey SOLICITORS OF RECORD: Bennett Jones LLP, Toronto, Ontario FOR THE APPELLANT John Sims, Deputy Attorney General of Canada, FOR THE MINISTER OF Ottawa, Ontario HEALTH AND AGC Smart & Biggar, Toronto, Ontario FOR SANOFI-AVENTIS CANADA Date: 20070904 Docket: A-189-07 Ottawa, Ontario, September 4, 2007 CORAM: RICHARD C.J. SEXTON J.A. SHARLOW J.A. BETWEEN: NOVOPHARM LIMITED Appellant and THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA and SANOFI-AVENTIS CANADA INC. Respondents JUDGMENT The motion to dismiss the appeal for mootness is allowed and the appeal is dismissed with costs. "J. Richard" Chief Justice