Date: 19980306
Docket: A-439-93
CORAM: LINDEN, J.A.
McDONALD, J.A.
HENRY, D.J.
BETWEEN:
APOTEX INC.,
Appellant
(Respondent)
- and -
THE MINISTER OF NATIONAL
HEALTH AND WELFARE,
Respondent
(Respondent)
- and -
AB HASSLE, and
ASTRA PHARMA INC.
Respondents
(Applicants)
Heard at Toronto, Ontario, Thursday, March 5, 1998
Judgment delivered from the Bench at Toronto, Ontario, Thursday, March 5, 1998
REASONS FOR JUDGMENT BY: LINDEN, J.A.
Date: 19980306
Docket: A-439-93
CORAM: LINDEN, J.A.
McDONALD, J.A.
HENRY, D.J.
BETWEEN:
APOTEX INC.,
Appellant
(Respondent)
- and -
THE MINISTER OF NATIONAL
HEALTH AND WELFARE,
Respondent
(Respondent)
- and -
AB HASSLE, and
ASTRA PHARMA INC.
Respondents
(Applicants)
REASONS FOR JUDGMENT
(Delivered from the Bench, at Toronto, Ontario
on Thursday, March 5th, 1998)
[1] It is clear to us that, unless and until overruled or altered by legislation, in the light of subsequent jurisprudence of this Court, Mr. Justice Dubé meant (or should have meant) to restrict the scope of his order dated June 29, 1993, to further Notices of Allegation in relation only to this particular proceeding. The appeal should, therefore, be allowed and the order of Justice Dubé should be amended by adding the words "in this proceeding" after the word Allegation in paragraph 3.
[2] This decision, of course, in no way prevents this Court from supervising the conduct of litigation with other techniques available to it, such as consolidating proceedings, declaring proceedings to be abusive of the process where the Court is of that view, staying temporarily or permanently proceedings in appropriate circumstances, or even, when necessary in egregious cases, utilizing the contempt of Court power.
"A.M. Linden"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-439-93
| STYLE OF CAUSE: APOTEX INC., |
- and -
| THE MINISTER OF NATIONAL HEALTH AND WELFARE, |
- and -
AB HASSLE,
and ASTRA PHARMA INC.
DATE OF HEARING: MARCH 5, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: LINDEN, J.A.
Delivered from the Bench at Toronto, Ontario
on Thursday, March 5, 1998
APPEARANCES:
Mr. Harry B. Radomski
For the Appellant
Mr. Gunar Gaikis
For the Respondents
(AB Hassle, and Astra Pharma Inc.)
Ms. Roslyn Levine
For the Respondent
(The Minister of National
Health and Welfare)
- 2 -
SOLICITORS OF RECORD:
Harry B. Radomski
Goodman Phillips & Vineberg
Barristers and Solicitors
250 Yonge Street, Suite 2400
Toronto, Ontario
M5B 2M6
For the Appellant
Gunar Gaikis
Smart & Biggar
Barristers and Solicitors
2300 - 439 University Avenue
Toronto, Ontario
M5G 1Y8
For the Respondents
(AB Hassle, and Astra Pharma Inc.)
George Thomson
Deputy Attorney General
of Canada
For the Respondent
(The Minister of National
Health and Welfare)
| FEDERAL COURT OF APPEAL |
| Date: 19980306 |
| Docket: A-439-93 |
| BETWEEN: |
| APOTEX INC., |
| Appellant |
| -and- |
| THE MINISTER OF NATIONAL HEALTH |
| AND WELFARE |
| Respondent |
| -and- |
| AB HASSLE, and |
| ASTRA PHARMA INC. |
| Respondents |
| REASONS FOR JUDGMENT |