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During the year ended December 31, 2008, the Company redeemed a secured convertible term note in a portfolio company with a<br />

carrying value of $291 for proceeds equal to the face value of $500 resulting in a gain on disposal of $209. During the same period,<br />

the Company as part of its on-going assessment of investment carrying values determined the investment in Verus Pharmaceuticals<br />

Inc. to be permanently impaired and recorded a write-down in the amount of $394, resulting in a net loss on investments in the<br />

amount of $185 for the year ended December 31, 2008.<br />

Foreign exchange loss (gain)<br />

During the year ended December 31, 2009, the Company recorded a foreign exchange loss of $266 on the Company’s foreign<br />

operating results, mainly as a result of the strengthening of the Canadian dollar relative to the US dollar and Euro.<br />

During the year ended December 31, 2008, the Company recorded a foreign exchange gain of $80 on the Company’s foreign<br />

operating results, mainly as a result of the strengthening of the US dollar and Euro relative to the Canadian dollar.<br />

Other income<br />

During the year ended December 31, 2009, the Company out-licensed certain pharmaceutical product licenses and rights for<br />

proceeds of $666, including the receipt of common shares in a portfolio company, having a fair value of $60, representing a net<br />

gain of $666.<br />

During the year ended December 31, 2008, the Company out-licensed a product for $200 and recorded a $200 gain in other income<br />

on the transaction and in a separate transaction, received common shares in a portfolio company having a fair value of $125 in<br />

exchange for out-licensing the exclusive rights to a novel topical pain formulation. In addition, during this same period, the Company<br />

received $75 as a termination payment for certain costs disbursed as part of a previously licensed pharmaceutical product and paid<br />

$70 to settle a disputed client relationship.<br />

Income tax expense<br />

Income tax expense decreased only slightly by $24 or nil% to $6,287 for the year ended December 31, 2009 from $6,311 for the<br />

year ended December 31, 2008. For the year ended December 31, 2009, the effective tax rate was 43% compared to 39% for<br />

the year ended December 31, 2008. The increase in effective rates in the current year is principally due to increases in permanent<br />

differences in comparison to the previous year, mainly: amortization of eligible capital property and stock-based compensation<br />

expense.<br />

The Company has the following tax pools detailed below which may be applied against taxable income:<br />

Non-capital tax losses<br />

Available Recognized Expires in<br />

2009 2008 2009 2008<br />

$ $ $ $<br />

Federal 65,258 30,140 30,166 22,193 2013–2028<br />

Provincial 65,258 21,078 30,166 14,099 2013–2028<br />

Scientific Research and Experimental<br />

Development expenditures<br />

Federal 89,232 20,902 69,098 9,905 N/A<br />

Provincial 85,820 11,805 66,534 7,145 N/A<br />

Investment tax credits<br />

Federal 23,187 2,565 15,679 43 2016–2029<br />

The amount of tax benefit claimed in the current and prior years is subject to audit by the taxation authorities and could be reduced<br />

by a material amount in the future.<br />

Subsequent to December 31, 2009, in connection with the Company’s previously disclosed tax contingency, the Company received<br />

notices of re-assessment from the Canada Revenue Agency (“CRA”) reversing its original position on the use of certain non-capital<br />

losses acquired as part of the Dimethaid Health Care Ltd. (subsequently renamed Squire Pharmaceuticals Inc., “Squire”) acquisition<br />

from Nuvo Research Inc. (“Nuvo”). While the Company has not received a notice from the Ontario Minister of Finance (“OMF”),<br />

the OMF has agreed to be bound by the decision of the CRA appeals process.<br />

Management’s Discussion & Analysis —23

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