Date: 19990513
Docket: T-1272-97
MONTREAL, QUEBEC, THIS 13th DAY OF MAY 1999
PRESENT: RICHARD MORNEAU, ESQ., PROTHONOTARY
Between:
MERCK & CO., INC.
and
MERCK FROSST CANADA INC.
Plaintiffs
AND
APOTEX INC.
and
APOTEX FERMENTATION INC.
Defendants
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, ESQ., PROTHONOTARY:
[1] Upon hearing counsel for the parties, I am satisfied that the parties will have continual difficulty in the short and medium term in attempting to comply with the deadlines fixed by the Federal Court Rules, 1998 (the rules).
[2] Although this proceeding was potentially subject to the issuance of a notice of status review in the near future, I do not believe that to order at this time that this case be specially managed causes prejudice to the Defendants since I am of the view that had a notice of status review been issued, the recent activity by the Plaintiffs in this case since March 16, 1999 coupled with their intention to move this case forward would have brought this Court to not dismiss this proceeding for delay under rule 382(2)(a) but allow it to continue as a specially managed proceeding.
[3] Consequently, the Plaintiffs' motion to have this action managed as a specially managed proceeding pursuant to rule 384 is granted.
[4] Furthermore, unless a varying order is issued by the case management judge, the Defendants shall either serve and file a defence or a motion to strike or, alternatively, seek particulars returnable before the end of June 1999. Further steps in this proceeding shall be scheduled by the case management judge.
[5] Costs in the cause.
Richard Morneau
Prothonotary
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.:
STYLE OF CAUSE:
T-1272-97
MERCK & CO., INC. and
MERCK FROSST CANADA INC.
Plaintiffs
AND
APOTEX INC. and
APOTEX FERMENTATION INC.
Defendants
PLACE OF HEARING:Montreal, Quebec
DATE OF HEARING:May 10, 1999
REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY
DATE OF REASONS FOR ORDER:May 13, 1999
APPEARANCES:
| Mr. Brian Daley |
for the Plaintiffs |
| Mr. D. M. Scrimger |
for the Defendant Apotex Inc. |
| Mr. John A. Myers |
for the Defendant Apotex Fermentation Inc. |
SOLICITORS OF RECORD:
| Ogilvy Renault Mr. Brian Daley Montreal, Quebec |
for the Plaintiffs |
| Goodman Phillips & Vineberg Mr. D. M. Scrimger Toronto, Ontario |
for the Defendant Apotex Inc. |
| Taylor McCaffrey Mr. John A. Myers Winnipeg, Manitoba |
for the Defendant Apotex Fermentation Inc. |