Pharmascience Inc. v. Canada (Minister of Health)
The appellant failed to demonstrate that Gibson J. made errors of law or fact sufficient to justify overturning his decision; therefore the appeal was dismissed and costs were awarded to the respondents.
Source-derived case information.
- Citation
- 2005 FCA 250
- Parties
- Appellant: Pharmascience Inc.; Respondent: The Minister of Health; Respondent: Abbott Laboratories and Abbott Laboratories Limited
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 June 2005
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Judicial Review, Standard of Review, Appellate Intervention, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pharmascience Inc.
Appellant
The Minister of Health
Respondent
Abbott Laboratories and Abbott Laboratories Limited
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the Federal Court judge (Gibson J.) made errors of law or fact warranting appellate intervention
- 2 Whether the appeal should be dismissed and costs awarded to the respondents
Ratio Decidendi
The appellant failed to demonstrate that Gibson J. made errors of law or fact sufficient to justify overturning his decision; therefore the appeal was dismissed and costs were awarded to the respondents.
Court Disposition
Appeal dismissed with costs.
Orders
- The appeal is dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Pharmascience Inc. v. Canada (Minister of Health) Court (s) Database Federal Court of Appeal Decisions Date 2005-06-29 Neutral citation 2005 FCA 250 File numbers A-583-04 Decision Content Date: 20050629 Docket: A-583-04 Citation: 2005 FCA 250 CORAM: LINDEN J.A. LÉTOURNEAU J.A. SEXTON J.A. BETWEEN: PHARMASCIENCE INC. Appellant and THE MINISTER OF HEALTH and ABBOTT LABORATORIES and ABBOTT LABORATORIES LIMITED Respondents Heard at Ottawa, Ontario, on June 29, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on June 29, 2005. REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. Date: 20050629 Docket: A-583-04 Citation: 2005 FCA 250 CORAM: LINDEN J.A. LÉTOURNEAU J.A. SEXTON J.A. BETWEEN: PHARMASCIENCE INC. Appellant and THE MINISTER OF HEALTH and ABBOTT LABORATORIES and ABBOTT LABORATORIES LIMITED Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on June 29, 2005) LÉTOURNEAU J.A. [1] Despite the thorough and detailed arguments of counsel for the appellant, we have not been convinced that Gibson J. of the Federal Court made errors that would justify our intervention and setting aside his decision. [2] The appeal will be dismissed with costs. "Gilles Létourneau" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-583-04 STYLE OF CAUSE: PHARMASCIENCE INC. v. THE MINISTER OF HEALTH ET AL PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: JUNE 29, 2005 REASONS FOR JUDGMENT LINDEN J.A. OF THE COURT: LÉTOURNEAU J.A. SEXTON J.A. DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A. APPEARANCES: Ms. Carol Hitchman FOR THE APPELLANT Ms. Paula Bremner Mr. Andrew J. Reddon FOR THE RESPONDENTS, ABBOTT Mr. Steven G. Mason LABORATORIES AND ABBOTT LABORATORIES LIMITED No one appearing FOR THE RESPONDENT, THE MINISTER OF HEALTH SOLICITORS OF RECORD: Hitchman & Sprigings FOR THE APPELLANT Toronto, Ontario McCarthy Tétrault LLP FOR THE RESPONDENTS, ABBOTT Toronto, Ontario LABORATORIES AND ABBOTT LABORATORIES LIMITED John H. Sims, Q.C. FOR THE RESPONDENT, THE Deputy Attorney General of Canada MINISTER OF HEALTH