Date: 20200130
Dockets: A-354-18
A-360-18
Citation: 2020 FCA 31
| CORAM:
|
NADON J.A.
RIVOALEN J.A.
LOCKE J.A.
|
| BETWEEN:
|
| HOSPIRA HEALTHCARE CORPORATION
|
| Appellant
|
| and
|
| THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH
|
| Respondent
|
| AND BETWEEN
|
| HOSPIRA HEALTHCARE CORPORATION,
CELLTRION HEALTHCARE CO. LTD., CELLTRION, INC.
and PFIZER CANADA INC.
|
| Respondents
(Plaintiffs by Counterclaim)
|
| and
|
| THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH,
JANSSEN BIOTECH, INC., JANSSEN INC.,
CILAG GmbH INTERNATIONAL and CILAG AG
|
| Appellants
(Defendants by Counterclaim)
|
Heard at Toronto, Ontario, on October 28, 2019.
Judgment delivered at Ottawa, Ontario, on January 30 2020.
| REASONS FOR JUDGMENT BY:
|
NADON J.A.
|
| CONCURRED IN BY:
|
RIVOALEN J.A.
LOCKE J.A.
|
Date: 20200130
Dockets: A-354-18
A-360-18
Citation: 2020 FCA 31
| CORAM:
|
NADON J.A.
RIVOALEN J.A.
LOCKE J.A.
|
| BETWEEN:
|
| HOSPIRA HEALTHCARE CORPORATION
|
| Appellant
|
| and
|
| THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH
|
| Respondent
|
| AND BETWEEN
|
| HOSPIRA HEALTHCARE CORPORATION,
CELLTRION HEALTHCARE CO. LTD., CELLTRION, INC.
and PFIZER CANADA INC.
|
| Respondents
(Plaintiffs by Counterclaim)
|
| and
|
| THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH,
JANSSEN BIOTECH, INC., JANSSEN INC.,
CILAG GmbH INTERNATIONAL and CILAG AG
|
| Appellants
(Defendants by Counterclaim)
|
REASONS FOR JUDGMENT
NADON J.A.
[1]
Because of our conclusion in court file A-338-18 (2020 FCA 30) that the judgment of the Federal Court dated September 28, 2018 (2018 FC 259) must be set aside, including the order of costs in favour of the respondents contained therein, it follows that the Federal Court’s Order of October 23, 2018 (2018 FC 1067), as amended by an Order dated January 21, 2019, fixing the respondents costs at the sum of $3,481,778.54, must also be set aside.
[2]
As a result, the appeal in A-354-18 will be allowed. As to the appeal in file A-360-18 it is now moot and will thus be dismissed.
"M. Nadon"
J.A.
“I agree.
Marianne Rivoalen J.A.”
“I agree.
Georges R. Locke J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
|
DocketS:
|
A-354-18
A-360-18
|
||
| STYLE OF CAUSE:
|
HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH
|
|
||
AND BETWEEN
| STYLE OF CAUSE:
|
THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH, JANSSEN BIOTECH, INC., JANSSEN INC., CILAG GmbH INTERNATIONAL and CILAG AG v. HOSPIRA HEALTHCARE CORPORATION, CELLTRION HEALTHCARE CO. LTD., CELLTRION, INC. AND PFIZER CANADA INC.
|
|
|
| PLACE OF HEARING:
|
Toronto, Ontario
|
||
| DATE OF HEARING:
|
October 28, 2019
|
||
| REASONS FOR JUDGMENT BY:
|
NADON J.A.
|
||
| CONCURRED IN BY:
|
RIVOALEN J.A.
LOCKE J.A.
|
||
| DATED:
|
JANUARY 30, 2020
|
||
APPEARANCES:
| Warren Sprigings
Mary McMillan
|
For The AppellantS (defendants by counterclaim)
HOSPIRA HEALTHCARE CORPORATION, celltrion healthcare co. ltd., celltrion, inc. and pfizer canada inc.
|
| Andrew Skodyn
Melanie Baird
|
For The RespondentS (PLAINTIFFS BY COUNTERCLAIM) THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH, JANSSEN BIOTECH, INC., JANSSEN INC., CILAG GmbH INTERNATIONAL and CILAG AG
|
SOLICITORS OF RECORD:
| SPRIGINGS IP
Toronto, Ontario
|
For The AppellantS (DEFENDANTS by COUNTERCLAIM) HOSPIRA HEALTHCARE CORPORATION, CELLTRION HEALTHCARE CO. LTD., CELLTRION, INC. AND PFIZER CANADA INC.
|
| BLAKE, CASSELS & GRAYDON LLP
Toronto, Ontario
|
For The RespondentS (plaintiffs by counterclaim) THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH, JANSSEN BIOTECH, INC., JANSSEN INC., CILAG GMBH INTERNATIONAL AND CILAG AG
|