Date: 19981117
Docket: A-370-98
CORAM: STONE J.A.
McDONALD J.A.
SEXTON J.A.
BETWEEN:
APOTEX INC.
Appellant
(Respondent)
- and -
NOVARTIS PHARMACEUTICALS CANADA INC.
and NOVARTIS AG
Respondent
(Applicant)
- and -
THE MINISTER OF HEALTH
Respondent
(Respondent)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario on
Tuesday, November 17, 1998)
STONE J.A.:
[1] We are all of the view that this appeal must fail. The appellant has not persuaded us that we should interfere with the protective order of Wetston J. of May 29, 1998 refusing to incorporate into that order a "For Counsel's Eyes Only" feature. That order was plainly made on the particular record in exercise of the Motions Judge's discretion and it has not been demonstrated that in doing so the judge made a reversible error of law.
[2] The appeal will be dismissed with costs
"A.J. Stone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-370-98
| STYLE OF CAUSE: APOTEX INC. |
| NOVARTIS PHARMACEUTICALS CANADA INC. and NOVARTIS AG |
DATE OF HEARING: TUESDAY, NOVEMBER 17, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: STONE J.A.
Delivered at Toronto, Ontario
on Tuesday, November 17, 1998
| APPEARANCES: Mr. H. B. Radomski |
| For the Appellant (Respondent) |
| Mr. Anthony G. Creber and |
For the Respondent (Applicant)
| SOLICITORS OF RECORD: Goodman Phillips & Vineberg |
| For the Appellant (Respondent) |
Gowling, Strathy & Henderson
| 160 Elgin Street, Suite 2600 |
For the Respondent (Applicant)
| |
NOVARTIS PHARMACEUTICALS CANADA INC.and NOVARTIS AG |