Date: 19990922
Docket: A-446-98
CORAM: DÉCARY J.A.
MacKAY J.A.
McDONALD J.A.
BETWEEN:
PHARMACIA S.P.A.
Appellant
(Defendant)
- and-
FAULDING (CANADA) INC.
Respondent
(Plaintiff)
Heard at Toronto, Ontario, Wednesday, September 22, 1999
Judgment delivered orally from the Bench
at Toronto, Ontario on Wednesday, September 22, 1999
REASONS FOR JUDGMENT BY: McDONALD J.A.
Date: 19990922
Docket: A-446-98
CORAM: DÉCARY J.A.
MacKAY J.
McDONALD J.A.
BETWEEN:
PHARMACIA S.P.A.
Appellant
(Defendant)
- and-
FAULDING (CANADA) INC.
Respondent
(Plaintiff)
REASONS FOR JUDGMENT
(Delivered orally from the Bench at Toronto, Ontario on
Wednesday, September 22, 1999)
McDONALD J.A.:
[1] We are all in agreement that this appeal cannot succeed. We find ourselves in substantial agreement with many of the reasons given by the learned trial Judge when she struck out the counterclaim which the appellant sought to add to its statement of defence.
[2] The trial Judge identified seven different specific reasons why the counterclaim could not be allowed, some of which, in our view, could be sufficient to deny the application.
[3] We cannot identify any reviewable error which would warrant our interference.
[4] The appeal should be dismissed with costs to the respondent.
"F.J. McDonald"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-446-98
| STYLE OF CAUSE: PHARMACIA S.P.A. |
| Appellant |
(Defendant)
- and -
| FAULDING (CANADA) INC. |
| Respondent |
(Plaintiff)
DATE OF HEARING: WEDNESDAY, SEPTEMBER 22, 1999
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: McDONALD J.A. |
Delivered at Toronto, Ontario
on Wednesday, September 22, 1999
APPEARANCES: Mr. Gunars Gaikis
| For the Appellant |
Ms. Susan Beaubien
For the Respondent
| SOLICITORS OF RECORD: Smart & Biggar |
Barristers & Solicitors
438 University Avenue
Suite 1500, Box 111
Toronto, Ontario
M5G 2K8
| For the Appellant |
Shapiro Cohen
Barristers & Solicitors
112 Kent Street, Suite 2001
Ottawa, Ontario
K1P 6P2
For the Respondent
FEDERAL COURT OF APPEAL
Date: 19990922
Docket: A-446-98
BETWEEN:
| PHARMACIA S.P.A. |
Appellant
(Defendant)
- and -
FAULDING (CANADA) INC.
Respondent
(Plaintiff)
REASONS FOR JUDGMENT