Date: 20020513
Docket: A-514-01
Neutral citation: 2002 FCA 192
CORAM: STONE J.A.
BETWEEN:
NOVOPHARM LIMITED
Appellant
(Defendant)
- and -
NOVARTIS PHARMACEUTICALS CANADA INC.
Respondent
(Plaintiff)
Heard at Toronto, Ontario, on Monday, May 13, 2002.
Judgment delivered from the Bench at Toronto, Ontario, on Monday, May 13, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20020513
Docket: A-514-01
Neutral citation: 2002 FCA 192
CORAM: STONE J.A.
BETWEEN:
NOVOPHARM LIMITED
Appellant
(Defendant)
- and -
NOVARTIS PHARMACEUTICALS CANADA INC.
Respondent
(Plaintiff)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto,
Ontario, on Monday, May 13, 2002)
ROTHSTEIN J.A.
[1] We have not been persuaded that Dawson J. erred in her assessment of the exercise of discretion by Prothonotary Giles or in her own assessment of the matter. The appeal will be dismissed with costs.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-514-01
STYLE OF CAUSE: NOVOPHARM LIMITED
Appellant
(Defendant)
- and -
NOVARTIS PHARMACEUTICALS CANADA INC.
Respondent
(Plaintiff)
DATE OF HEARING: MONDAY, MAY 13, 2002
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: ROTHSTEIN J.A.
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON MONDAY, MAY 13,
2002.
DATED: MONDAY, MAY 13, 2002
APPEARANCES BY: Mr. Warren Sprigings
For the Appellant (Defendant)
Mr. Gunars Gaikis
For the Respondent (Plaintiff)
SOLICITORS OF RECORD: HITCHMAN & SPRIGINGS
Barristers & Solicitors
80 Richmond Street West
Suite 1200
Toronto, Ontario
M5H 2A4
For the Appellant (Defendant)
SMART & BIGGAR
Barristers & Solicitors
438 University Avenue
Suite 1500
Toronto, Ontario
M5G 2K8
For the Respondent (Plaintiff)
FEDERAL COURT OF APPEAL
Date: 20020513
Docket: A-514-01
BETWEEN:
NOVOPHARM LIMITED
Appellant
(Defendant)
- and -
NOVARTIS PHARMACEUTICALS
CANADA INC.
Respondent
(Plaintiff)
REASONS FOR JUDGMENT
OF THE COURT