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A-77-97 CORAM: PRATTE J.A. HUGESSEN J.A. DÉCARY J.A. B E T W E E N : GLAXO WELLCOME INC. - and - THE WELLCOME FOUNDATION LIMITED Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) Heard at Ottawa, Ontario, Thursday, March 20, 1997. Judgment rendered from the Bench, March 20, 1997. REASONS FOR JUDGMENT OF THE COURT DELIVERED BY: HUGESSEN J.A. A-78-97 CORAM: PRATTE J.A. HUGESSEN J.A. DÉCARY J.A. B E T W E E N : MERCK FROSST CANADA INC. - and - MERCK & CO. INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) Heard at Ottawa, Ontario, Thursday, March 20, 1997. Judgment rendered from the Bench, March 20, 1997. REASONS FOR JUDGMENT OF THE COURT DELIVERED BY: HUGESSEN J.A. A-79-97 CORAM: PRATTE J.A. HUGESSEN J.A. DÉCARY J.A. B E T W E E N : MERCK FROSST CANADA INC. - and - MERCK & CO. INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) Heard at Ottawa, Ontario, Thursday, March 20, 1997. Judgment rendered from the Bench, March 20, 1997. REASONS FOR JUDGMENT OF THE COURT DELIVERED BY: HUGESSEN J.A. A-77-97 CORAM: PRATTE J.A. HUGESSEN J.A. DÉCARY J.A. B E T W E E N : GLAXO WELLCOME INC. - and - THE WELLCOME FOUNDATION LIMITED Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) A-78-97 B E T W E E N : MERCK FROSST CANADA INC. - and - MERCK & CO. INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) A-79-97 B E T W E E N : MERCK FROSST CANADA INC. - and - MERCK & CO. INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, Thursday, March 20, 1997) HUGESSEN J.A. We have not been persuaded that the motions judge wrongly exercised his discretion in granting leave to the respondents to intervene in judicial review proceedings pursuant to Rule 1611. The only point on which we called on counsel for the respondents was as to the power of the motions judge to grant a right of appeal to the intervenors. While the point is not wholly free from doubt we think it has been settled by this Court's judgment in Sunshine Village Corp. v. Canada (Minister of the Environment)1. The appellants have not convinced us that that case was wrongly decided. The appeal will be dismissed. "James K. Hugessen" J.A. FEDERAL COURT OF APPEAL A-77-97 B E T W E E N : GLAXO WELLCOME INC. - and - THE WELLCOME FOUNDATION LIMITED Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF APPEAL A-78-97 B E T W E E N : MERCK FROSST CANADA INC. - and - MERCK & CO. INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF APPEAL A-79-97 B E T W E E N : MERCK FROSST CANADA INC. - and - MERCK & CO. INC. Appellants (Applicants) - and - THE MINISTER OF NATIONAL HEALTH AND WELFARE - and - THE ATTORNEY GENERAL FOR CANADA Respondents (Respondents) - and - APOTEX INC. - and - NOVOPHARM LIMITED Respondents (Intervenors) REASONS FOR JUDGMENT OF THE COURT __________________1 June 5, 1996, A-464-95, (F.C.A.) per Stone J.A.[unreported] FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-79-97 APPEAL FROM AN ORDER OF THE TRIAL DIVISION DATED JANUARY 29, 1997 IN T-304-96. STYLE OF CAUSE: Merck Frosst Canada Inc. et al. v. The Minister of National Health and Welfare et al. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: Thursday, March 20, 1997 REASONS FOR JUDGMENT OF THE COURT: Pratte J. A. Hugessen J.A. Décary J. A. RENDERED FROM THE BENCH BY: Hugessen J. A. APPEARANCES: Ms. Judith M. Robinson Mr. Leigh D. Crestohl for the Appellants Mr. André Lespérance for the Respondents Minister of National Health and Welfare and the Attorney General of Canada Mr. Edward Hore Mr. Roger B. Bauman for the Respondents Apotex Inc. and Novopharm Limited. SOLICITORS OF RECORD: Ogilvy Renault Montreal, Quebec for the Appellants George Thomson Deputy Attorney General of Canada Ottawa, Ontario for the Respondents Minister of National Health and Welfare and the Attorney General of Canada Hazzard & Hore Toronto, Ontario for the Respondents Apotex Inc. and Novopharm Limited. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-78-97 APPEAL FROM AN ORDER OF THE TRIAL DIVISION DATED JANUARY 29, 1997 IN T-306-96. STYLE OF CAUSE: Merck Frosst Canada Inc. et al. v. The Minister of National Health and Welfare et al. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: Thursday, March 20, 1997 REASONS FOR JUDGMENT OF THE COURT: Pratte J. A. Hugessen, J.A. Décary J. A. RENDERED FROM THE BENCH BY: Hugessen, J. A. APPEARANCES: Ms. Judith M. Robinson Mr. Leigh D. Crestohl for the Appellants Mr. André Lespérance for the Respondents Minister of National Health and Welfare and the Attorney General of Canada Mr. Edward Hore Mr. Roger B. Bauman for the Respondents Apotex Inc. and Novopharm Limited. SOLICITORS OF RECORD: Ogilvy Renault Montreal, Quebec for the Appellants George Thomson Deputy Attorney General of Canada Ottawa, Ontario for the Respondents Minister of National Health and Welfare and the Attorney General of Canada Hazzard & Hore Toronto, Ontario for the Respondents Apotex Inc. and Novopharm Limited. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE NO.: A-77-97 APPEAL FROM AN ORDER OF THE TRIAL DIVISION DATED JANUARY 29, 1997 IN T-386-96. STYLE OF CAUSE: Glaxo Wellcome Inc. v. The Minister of National Health and Welfare et al. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: Thursday, March 20, 1997 REASONS FOR JUDGMENT OF THE COURT: Pratte J. A. Hugessen J. A. Décary J.A. RENDERED FROM THE BENCH BY: Hugessen J. A. APPEARANCES: Ms. Judith M. Robinson Mr. Leigh D. Crestohl for the Appellants Mr. André Lespérance for the Respondents Minister of National Health and Welfare and the Attorney General of Canada Mr. Edward Hore Mr. Roger B. Bauman for the Respondents Apotex Inc. and Novopharm Limited. SOLICITORS OF RECORD: Ogilvy Renault Montreal, Quebec for the Appellants George Thomson Deputy Attorney General of Canada Ottawa, Ontario for the Respondents Minister of National Health and Welfare and the Attorney General of Canada Hazzard & Hore Toronto, Ontario for the Respondents Apotex Inc. and Novopharm Limited. |
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