Apotex Inc. v. Canada (Attorney General)

[1994] 3 SCR 1100 Court SCC Decision date 1994-12-15 Docket 23905 English

PartiesMerck & Co. Inc. and Merck Frosst Canada Inc. Appellants·Apotex Inc. Respondent·The Attorney General of Canada and the Minister of National Health and Welfare Respondents

Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; Iacobucci, Frank; Major, John C.

Delivered by Majority

On appeal from Federal Court of Appeal

Subjects Food and drugs

The following is the judgment delivered by

The Court --We are all of the view that the appeal should be dismissed substantially for the reasons of Robertson J.A. in the Federal Court of Appeal, [1994] 1 F.C. 742. The appeal is accordingly dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellants: McCarthy Tétrault, Toronto.

Solicitors for the respondent Apotex Inc.: Goodman & Goodman, Toronto.

Solicitor for the respondents the Attorney General of Canada and the Minister of National Health and Welfare: George Thomson, Ottawa.

Cases cited

1 F.C. 742 1 F.C. 742