Date: 20050629
Docket: A-583-04
Citation: 2005 FCA 250
CORAM: LINDEN 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.
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)
[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