HOSPIRA HEALTHCARE CORPORATION Appellant v. THE MINISTER OF HEALTH, 2014 FCA 194

Date: 20140909 Docket: A-144-14 Citation: 2014 FCA 194 CORAM: NOËL J.A. GAUTHIER J.A. NEAR J.A. BETWEEN: HOSPIRA HEALTHCARE CORPORATION Appellant and THE MINISTER OF HEALTH ATTORNEY GENERAL OF CANADA SANOFI-AVENTIS CANADA INC. Respondents Heard at Ottawa, Ontario on September 9, 2014. Judgment delivered from the Bench at Ottawa, Ontario, on September 9, 2014. REASONS FOR JUDGMENT OF THE COURT BY: GAUTHIER J.A. Date: 20140909 Docket: A-144-14 Citation: 2014 FCA 194 CORAM: NOËL J.A. GAUTHIER J.A. NEAR J.A.

BETWEEN: HOSPIRA HEALTHCARE CORPORATION Appellant and THE MINISTER OF HEALTH ATTORNEY GENERAL OF CANADA SANOFI-AVENTIS CANADA INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 9, 2014). GAUTHIER J.A. [ 1 ] The appellant essentially reiterates before us the same arguments it advanced before Mactavish J. and the Prothonotary before her. [ 2 ] In our view, Mactavish J. did not err in finding that the question raised by the motion is not vital to the final issue in the case.

Like Mactavish J., (see paragraph 8 of her Reasons), we agree that Prothonotary Tabib was not clearly wrong when she concluded for the reasons she gave at paragraphs 16 to 20 that Sanofi was directly affected.

[ 3 ] Finally, we agree with Mactavish J. that the decisions of the Federal Court and this Court in Lundbeck Canada Inc. v. The Minister of Health , 2008 FC 1379 , affirmed 2009 FCA 134 is properly distinguishable given the present set of facts. [ 4 ] The appeal is therefore dismissed with costs. “Johanne Gauthier” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-144-14 STYLE OF CAUSE: HOSPIRA HEALTHCARE CORPORATION v. THE MINISTER OF HEALTH, ATTORNEY GENERAL OF CANADA, SANOFI-AVENTIS CANADA INC.

PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 9, 2014 REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. GAUTHIER J.A. NEAR J.A. DELIVERED FROM THE BENCH BY: GAUTHIER J.A. APPEARANCES : Ms. Susan Beaubien For The ApPELLANT Mr. J. Sanderson Graham Ms. Leah Garvin For The Respondents, MINISTER OF HEALTH AND ATTORNEY GENERAL OF CANADA Ms. Judith Robinson Mr. Brian J. Capogrosso FOR THE RESPONDENT, SANOFI-AVENTIS CANADA INC. SOLICITORS OF RECORD : Macera & Jarzyna LLP Ottawa, Ontario For The AppELLANT William F.

Pentney Deputy Attorney General of Canada Ottawa, Ontario For The Respondent, MINISTER OF HEALTH AND ATTORNEY GENERAL OF CANADA Norton Rose Fulbright LLP Montreal, Quebec FOR THE RESPONDENT, SANOFI-AVENTIS CANADA INC.