Date: 20021218
Docket: A-639-02
Neutral citation: 2002 FCA 510
CORAM: RICHARD C.J.
BETWEEN:
APOTEX INC.
Appellant
(Respondent)
and
BAYER AG and BAYER INC.
Respondents
(Applicants)
and
THE MINISTER OF HEALTH
Respondent
(Respondent)
Heard at Ottawa, Ontario, on December 18, 2002.
Judgment delivered from the Bench at Ottawa, Ontario, on December 18, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20021218
Docket: A-639-02
Neutral citation: 2002 FCA 510
CORAM: RICHARD C.J.
BETWEEN:
APOTEX INC.
Appellant
(Respondent)
and
BAYER AG and BAYER INC.
Respondents
(Applicants)
and
THE MINISTER OF HEALTH
Respondent
(Respondent)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on December 18, 2002.)
[1] This is an appeal of an Order of Justice Gibson dated November 14, 2002, whereby Justice Gibson set aside the Order of Prothonotary Lafrenière dated June 11, 2002 and granted leave to the respondents, Bayer AG and Bayer Inc. ("Bayer"), to file reply evidence. Justice Gibson also granted leave to Apotex Inc., at its discretion, to file evidence in reply to the reply evidence of Bayer.
[2] Justice Gibson correctly set out the applicable standard of review. He then proceeded to reverse the decision of the Prothonotary on the grounds that it was based on a wrong principle of law and a misapprehension of the facts.
[3] Accordingly, this appeal will be dismissed with costs throughout.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-639-02
STYLE OF CAUSE: APOTEX INC. v. BAYER AG and BAYER INC. and THE MINISTER OF HEALTH
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: December 18, 2002
REASONS FOR JUDGMENT
OF THE COURT: (RICHARD C.J., STONE J.A. & NOËL J.A.)
RENDERED FROM THE BENCH BY RICHARD C.J.
APPEARANCES:
Mr. Andrew R. Brodkin FOR THE APPELLANT
Mr. Neil R. Belmore FOR THE RESPONDENTS
Mr. Kenneth Clark
SOLICITORS OF RECORD:
Goodmans LLP FOR THE APPELLANT
Toronto, Ontario
Gowling Lafleur Henderson LLP FOR THE RESPONDENTS
Toronto, Ontario
Mr. Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada (THE MINISTER OF HEALTH)
Ottawa, Ontario