Apotex Inc. v. Pharmascience Inc.

Apotex Inc. v. Pharmascience Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2005-04-19
Neutral citation
2005 FCA 144
File numbers
A-463-04
Decision Content
Date: 20050419
Docket: A-463-04
Citation: 2005 FCA 144
CORAM: RICHARD C.J.
NOËL J. A.
SEXTON J.A.
BETWEEN:
APOTEX INC. and
BERNARD CHARLES SHERMAN
Appellants
(Plaintiffs/Defendants by Counterclaim)
and
PHARMASCIENCE INC.
Respondent
(Defendant/Plaintiff by Counterclaim)
Heard at Toronto, Ontario, on April 19th, 2005.
Judgment delivered from the Bench at Toronto, Ontario, on April 19th, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20050419
Docket: A-463-04
Citation: 2005 FCA 144
CORAM: RICHARD C.J.
NOËL J. A.
SEXTON J.A.
BETWEEN:
APOTEX INC. and
BERNARD CHARLES SHERMAN
Appellants
(Plaintiffs/Defendants by Counterclaim)
and
PHARMASCIENCE INC.
Respondent
(Defendant/Plaintiff by Counterclaim)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on April 19, 2005)
RICHARD C.J.
[1] This is an appeal by the appellants from an order of Justice Blais dated August 31, 2004 (2004 FC 1198) upholding the order of Prothonotary Aronovitch dated April 20, 2004 which dismissed the appellants' motion to compel answers to certain questions put to the respondent's representative during examination for discovery.
[2] We are all of the view that the Federal Court Judge made no error of law or any other kind of error that warrants the intervention of this Court.
[3] He first determined that the order did not raise a question vital to the final issue of the case. He then determined that the prothonotary had not applied a wrong principle of law or misapprehended the facts in exercising her discretion.
[4] Accordingly, the appeal will be dismissed with costs.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-463-04
STYLE OF CAUSE: APOTEX INC. and
BERNARD CHARLES SHERMAN
Appellants
(Plaintiffs/Defendants by Counterclaim)
and
PHARMASCIENCE INC.
Respondent
(Defendant/Plaintiff by Counterclaim)
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: APRIL 19, 2005
REASONS FOR JUDGMENT
OF THE COURT BY: RICHARD C.J.
NOËL J.A.
SEXTON J.A.
DELIVERED FROM THE
BENCH BY: RICHARD C.J.
APPEARANCES:
David E. Lederman FOR THE APPELLANTS
(PLAINTIFFS/DEFENDANTS BY COUNTERCLAIM)
Paula Bremner FOR THE RESPONDENT
(DEFENDANT/PLAINTIFF BY COUNTERCLAIM)
SOLICITORS OF RECORD:
Goodmans LLP
Toronto, Ontario FOR THE APPELLANTS
(PLAINTIFFS/DEFENDANTS BY COUNTERCLAIM)
HITCHMAN & SPRIGINGS
Toronto, Ontario FOR THE RESPONDENT
(DEFENDANT/PLAINTIFF BY COUNTERCLAIM)