The generic company sought reconsideration of the Court of Appeal's judgment dismissing its appeal from the Trial Division.

The Court held that the generic company was seeking a reconsideration of the merits of the argument presented during the appeal, rather than reconsideration pursuant to the Rules. The Court held that in such a situation, the remedy must be an application to the Supreme Court for Leave to Appeal. The Court dismissed the generic company's motion with costs at the top end of Column of V of the Tariff.

The full text of the decision can be found at:
 http://decisions.fca-caf.gc.ca/en/2007/2007fca269/2007fca269.html