Apotex Inc. v. Merck & Co. Inc.
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Apotex Inc. v. Merck & Co. Inc. Court (s) Database Federal Court of Appeal Decisions Date 2006-09-11 Neutral citation 2006 FCA 296 File numbers A-35-06 Decision Content Date: 20060911 Docket: A-35-06 Citation: 2006 FCA 296 CORAM: LINDEN J.A. SEXTON J.A. MALONE J.A. BETWEEN: APOTEX INC. Appellant and MERCK & CO., INC., MERCK FROSST CANADA & CO., MERCK FROSST CANADA LTD., SYNGENTA LIMITED ASTRAZENECA UK LIMITED and ASTRAZENECA CANADA INC. Respondents Heard at Toronto, Ontario, on September 11, 2006. Judgment delivered from the Bench at Toronto, Ontario, on September 11, 2006. REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. Date: 20060911 Docket: A-35-06 Citation: 2006 FCA 296 CORAM: LINDEN J.A. SEXTON J.A. MALONE J.A. BETWEEN: APOTEX INC. Appellant and MERCK & CO., INC., MERCK FROSST CANADA & CO., MERCK FROSST CANADA LTD., SYNGENTA LIMITED ASTRAZENECA UK LIMITED and ASTRAZENECA CANADA INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on September 11, 2006) SEXTON J.A. [1] The Trial Judge in the present case was faced with applications by the opposing parties to amend their pleadings at the opening of trial. There had been extensive interlocutory issues previously in the litigation. Indeed the litigation commenced in 1996 and was finally set for trial approximately ten years later. The Trial Judge obviously felt that all issues should be dealt with at the trial. In the result the trial lasted for several months and the Trial Judg…
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Apotex Inc. v. Merck & Co. Inc. Court (s) Database Federal Court of Appeal Decisions Date 2006-09-11 Neutral citation 2006 FCA 296 File numbers A-35-06 Decision Content Date: 20060911 Docket: A-35-06 Citation: 2006 FCA 296 CORAM: LINDEN J.A. SEXTON J.A. MALONE J.A. BETWEEN: APOTEX INC. Appellant and MERCK & CO., INC., MERCK FROSST CANADA & CO., MERCK FROSST CANADA LTD., SYNGENTA LIMITED ASTRAZENECA UK LIMITED and ASTRAZENECA CANADA INC. Respondents Heard at Toronto, Ontario, on September 11, 2006. Judgment delivered from the Bench at Toronto, Ontario, on September 11, 2006. REASONS FOR JUDGMENT OF THE COURT BY: SEXTON J.A. Date: 20060911 Docket: A-35-06 Citation: 2006 FCA 296 CORAM: LINDEN J.A. SEXTON J.A. MALONE J.A. BETWEEN: APOTEX INC. Appellant and MERCK & CO., INC., MERCK FROSST CANADA & CO., MERCK FROSST CANADA LTD., SYNGENTA LIMITED ASTRAZENECA UK LIMITED and ASTRAZENECA CANADA INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on September 11, 2006) SEXTON J.A. [1] The Trial Judge in the present case was faced with applications by the opposing parties to amend their pleadings at the opening of trial. There had been extensive interlocutory issues previously in the litigation. Indeed the litigation commenced in 1996 and was finally set for trial approximately ten years later. The Trial Judge obviously felt that all issues should be dealt with at the trial. In the result the trial lasted for several months and the Trial Judge dealt with the issues raised in the amendments made by both sides. The Trial Judge had a discretion to do this and indeed, to refuse to deal with these issues would undoubtedly have prolonged the litigation between the parties even further. We see no reason to interfere with the discretion exercised by the Trial Judge. [2] The appeal will be dismissed with costs. “J. Edgar Sexton” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-35-06 (APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED JANUARY 10, 2006, DOCKET NO. T-2792-96) STYLE OF CAUSE: APOTEX INC. v. MERCK & CO., INC., MERCK FROSST CANADA & CO., MERCK FROSST CANADA LTD., SYNGENTA LIMITED, ASTRAZENECA UK LIMITED and ASTRAZENECA CANADA INC. PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: September 11, 2006 REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, SEXTON, MALONE JJ.A.) DELIVERED FROM THE BENCH BY: SEXTON J.A. APPEARANCES: H.B. Radomski D.M. Scrimger Nando De Luca Miles Hastie FOR THE APPELLANT Judith Robinson Patrick Kierans Jordana Sanft Gunars Gaikis Sheldon Hamilton Nancy P. Pei Denise Lacombe FOR THE RESPONDENTS Merck & Co. Inc., Merck Frosst Canada & Co., and Merck Frosst Canada Ltd. FOR THE RESPONDENTS Syngenta Limited, AstraZeneca UK Limited, and AstraZeneca Canada Inc. SOLICITORS OF RECORD: Goodmans Toronto, Ontario FOR THE APPELLANT Ogilvy Renault Montreal, Quebec Smart & Biggar Toronto, Ontario FOR THE RESPONDENTS Merck & Co. Inc., Merck Frosst Canada & Co., and Merck Frosst Canada Ltd. FOR THE RESPONDENTS Syngenta Limited, AstraZeneca UK Limited, and AstraZeneca Canada Inc.
Source: decisions.fca-caf.gc.ca