Apotex Inc. v. Richter Gedeon Vegyeszeti Gyar RT
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Apotex Inc. v. Richter Gedeon Vegyeszeti Gyar RT Court (s) Database Federal Court of Appeal Decisions Date 2003-05-12 Neutral citation 2003 FCA 221 File numbers A-704-02 Decision Content Date: 20030512 Docket: A-704-02 Neutral citation: 2003 FCA 221 CORAM: STONE J.A. EVANS J.A. SHARLOW J.A. BETWEEN: APOTEX INC. Appellant (Defendant) and RICHTER GEDEON VEGYESZETI GYAR RT Respondent Heard at Toronto, Ontario, on May 12th, 2003. Judgment delivered from the Bench at Toronto, Ontario, on May 12th, 2003. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20030512 Docket: A-704-02 Neutral citation: 2003 FCA 221 CORAM: STONE J.A. EVANS J.A. SHARLOW J.A. BETWEEN: APOTEX INC. Appellant (Defendant) and RICHTER GEDEON VEGYESZETI GYAR RT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on May 12, 2003) SHARLOW J.A. [1] We are all of the view that this appeal should be dismissed with costs. [2] We agree with the appellant that the doctrine of res judicata may apply to interlocutory decisions in certain circumstances. However, the Motions Judge concluded that this is not such a case because the material submitted in support of the second motion, which was not previously available, was sufficiently different from the material submitted in support of the first motion. The Appellant has not satisfied us that there is any error in that conclusion that warrants the intervention of this Court. "Karen R. Sharlow" J.A. FEDERAL COURT OF CANADA APPEAL D…
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Apotex Inc. v. Richter Gedeon Vegyeszeti Gyar RT Court (s) Database Federal Court of Appeal Decisions Date 2003-05-12 Neutral citation 2003 FCA 221 File numbers A-704-02 Decision Content Date: 20030512 Docket: A-704-02 Neutral citation: 2003 FCA 221 CORAM: STONE J.A. EVANS J.A. SHARLOW J.A. BETWEEN: APOTEX INC. Appellant (Defendant) and RICHTER GEDEON VEGYESZETI GYAR RT Respondent Heard at Toronto, Ontario, on May 12th, 2003. Judgment delivered from the Bench at Toronto, Ontario, on May 12th, 2003. REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. Date: 20030512 Docket: A-704-02 Neutral citation: 2003 FCA 221 CORAM: STONE J.A. EVANS J.A. SHARLOW J.A. BETWEEN: APOTEX INC. Appellant (Defendant) and RICHTER GEDEON VEGYESZETI GYAR RT Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario on May 12, 2003) SHARLOW J.A. [1] We are all of the view that this appeal should be dismissed with costs. [2] We agree with the appellant that the doctrine of res judicata may apply to interlocutory decisions in certain circumstances. However, the Motions Judge concluded that this is not such a case because the material submitted in support of the second motion, which was not previously available, was sufficiently different from the material submitted in support of the first motion. The Appellant has not satisfied us that there is any error in that conclusion that warrants the intervention of this Court. "Karen R. Sharlow" J.A. FEDERAL COURT OF CANADA APPEAL DIVISION Names of Counsel and Solicitors of Record DOCKET: A-704-02 STYLE OF CAUSE: APOTEX INC. Appellant (Defendant) -and- RICHTER GEDEON VEGYESZETI GYAR RT Respondent DATE OF HEARING: MAY 12, 2003 PLACE OF HEARING: TORONTO, ONTARIO REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A. DATED: MAY 12, 2003 APPEARANCES BY: Andrew R. Brodkin For the Appellant Ronald E. Dimock and Bill Chan For the Respondent SOLICITORS OF RECORD: Goodmans LLP Toronto, Ontario For the Appellant Dimock Stratton Clarizio LLP Toronto, Ontario For the Respondent
Source: decisions.fca-caf.gc.ca