BETWEEN:
Appellant
and
SANOFI-AVENTIS CANADA INC.
Respondent
and
SCHERING CORPORATION
Respondent
and
THE MINISTER OF HEALTH
Respondent
Heard at Toronto, Ontario, on June 12, 2008.
Judgment delivered from the Bench at Toronto, Ontario, on June 12, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A.
Docket: A-555-07
Citation: 2008 FCA 213
CORAM: SEXTON J.A.
BLAIS J.A.
EVANS J.A.
BETWEEN:
PHARMASCIENCE INC.
Appellant
and
and
SCHERING CORPORATION
Respondent
and
THE MINISTER OF HEALTH
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on June 12, 2008)
[1] We are not persuaded that there is any error in the very well reasoned decision of Madam Justice Mactavish.
[2] The appeal will therefore be dismissed with costs.
“J. Edgar Sexton”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-555-07
(AN APPEAL FROM THE ORDER OF THE HONOURABLE MADAM JUSTICE MACTAVISH, DATED NOVEMBER 27, 2007, IN FEDERAL COURT FILE DOCKET NO. T-2300-06.)
STYLE OF CAUSE: PHARMASCIENCE INC. v.
SANOFI-AVENTIS CANADA INC.
v. SCHERING CORPORATION v.
THE MINISTER OF HEALTH
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: JUNE 12, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (SEXTON, BLAIS & EVANS JJ.A.)
DELIVERED FROM THE BENCH BY: SEXTON J.A.
APPEARANCES:
Paul Lomic
|
FOR THE APPELLANT
|
Mark G. Biernacki
Marc Richard
|
FOR THE RESPONDENT (Sanofi-Aventis Canada Inc.)
FOR THE RESPONDENT (Schering Corporation) |
SOLICITORS OF RECORD:
Barristers and Solicitors Toronto, Ontario |
FOR THE APPELLANT
|
SMART & BIGGAR Barristers and Solicitors Toronto, Ontario
GOWLING LAFLEUR HENDERSON LLP Barristers and Solicitors Ottawa, Ontario |
FOR THE RESPONDENT (Sanofi-Aventis Canada Inc.)
FOR THE RESPONDENT (Schering Corporation) |