Patented Medicine Prices Review Board v. Hoechst Marion Roussel Canada Inc.
The appeal is dismissed because the appellant failed to demonstrate that the Motions Judge misapprehended the facts or committed an error of principle; accordingly the Motions Judge's decision is upheld and costs are awarded to the respondent Hoechst Marion Roussel Canada, Inc.
Source-derived case information.
- Citation
- 2002 FCA 505
- Parties
- Appellant: Patented Medicine Prices Review Board; Appellant: Board Staff of the Patented Medicine Prices Review Board; Respondent: Hoechst Marion Roussel Canada, Inc.; Respondent: The Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 17 December 2002
- Procedural Posture
- Appeal to the Federal Court of Appeal / Judgment on Appeal (reasons Delivered From the Bench)
- Outcome
- Appeal dismissed
- Legal Topics
- Standard of Review, Misapprehension of Facts, Error of Principle, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Patented Medicine Prices Review Board
Appellant
Board Staff of the Patented Medicine Prices Review Board
Appellant
Hoechst Marion Roussel Canada, Inc.
Respondent
The Attorney General of Canada
Respondent
Procedural Posture
Appeal to the Federal Court of Appeal / Judgment on Appeal (reasons Delivered From the Bench)
Legal Issues
- 1 Whether the Motions Judge misapprehended the facts
- 2 Whether the Motions Judge committed an error of principle
- 3 Whether appellate intervention was justified
Ratio Decidendi
The appeal is dismissed because the appellant failed to demonstrate that the Motions Judge misapprehended the facts or committed an error of principle; accordingly the Motions Judge's decision is upheld and costs are awarded to the respondent Hoechst Marion Roussel Canada, Inc.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs awarded to the respondent Hoechst Marion Roussel Canada, Inc.
Full Case Text
Judgment text and source record
1 paragraphs
Patented Medicine Prices Review Board v. Hoechst Marion Roussel Canada Inc. Court (s) Database Federal Court of Appeal Decisions Date 2002-12-17 Neutral citation 2002 FCA 505 File numbers A-143-02 Decision Content Date: 20021217 Docket: A-143-02 Neutral citation: 2002 FCA 505 CORAM: RICHARD C.J. STONE J.A. NOËL J.A. BETWEEN: PATENTED MEDICINE PRICES REVIEW BOARD Appellant and HOECHST MARION ROUSSEL CANADA, INC. and THE ATTORNEY GENERAL OF CANADA Respondents Heard at Ottawa, Ontario, on December 17, 2002. Judgment delivered from the Bench at Ottawa, Ontario, on December 17, 2002. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20021217 Docket: A-143-02 Neutral citation: 2002 FCA 505 CORAM: RICHARD C.J. STONE J.A. NOËL J.A. BETWEEN: PATENTED MEDICINE PRICES REVIEW BOARD Appellant and HOECHST MARION ROUSSEL CANADA, INC. and THE ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on December 17, 2002.) [1] The appellant has not demonstrated that the Motions Judge misapprehended the facts or committed an error of principle in concluding as he did. [2] Accordingly, the appeal will be dismissed with costs to the respondent, Hoechst Marion Roussel Canada, Inc. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-143-02 STYLE OF CAUSE: PATENTED MEDICINE PRICES REVIEW BOARD AND OTHERS and HOECHST MARION ROUSSEL CANADA, INC. AND OTHERS PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: December 17, 2002 REASONS FOR JUDGMENT OF THE COURT : RICHARD C.J. STONE J.A. NOËL J.A. REASONS FOR JUDGMENT DELIVERED FROM THE BENCH AT OTTAWA, ONTARIO, ON DECEMBER 17, 2002 APPEARANCES: Mr. Gordon Cameron FOR THE APPELLANT PATENTED MEDICINE PRICES REVIEW BOARD Mr. Guy Pratte FOR THE APPELLANT BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD Mr. Martin Mason FOR THE RESPONDENT, HOECHST MARION ROUSSEL CANADA INC. Mr. Frederick Woyiwada FOR THE RESPONDENT, ATTORNEY GENERAL OF CANADA SOLICITORS OF RECORD: Blake, Cassels & Graydon LLP Ottawa, Ontario FOR THE APPELLANT PATENTED MEDICINE PRICES REVIEW BOARD Borden Ladner Gervais LLP Ottawa, Ontario FOR THE APPELLANT BOARD STAFF OF THE PATENTED MEDICINE PRICES REVIEW BOARD Gowling, Lafleur , Herderson LLP Ottawa, Ontatio FOR THE RESPONDENT HOECHST MARION ROUSSEL CANADA INC. Mr. Morris Rosenberg The Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT ATTORNEY GENERAL OF CANADA