Date: 20020206
Docket: A-513-01
Neutral citation: 2002FCA54
CORAM: ROTHSTEIN J.A.
BETWEEN:
NU-PHARM INC.
Appellant
(Applicant)
- and -
MERCK & CO., INC. and MERCK FROSST CANADA & CO.
Respondents
(Respondents)
- and -
ATTORNEY GENERAL OF CANADA and
THE MINISTER OF HEALTH
Respondents
(Respondents)
Heard at Ottawa, Ontario, February 6, 2002
Judgment delivered from the Bench at Ottawa, Ontario, February 6, 2002
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20020206
Docket: A-513-01
Neutral citation: 2002FCA54
CORAM: ROTHSTEIN J.A.
BETWEEN:
NU-PHARM INC.
Appellant
(Applicant)
- and -
MERCK & CO., INC. and MERCK FROSST CANADA & CO.
Respondents
(Respondents)
- and -
ATTORNEY GENERAL OF CANADA and
THE MINISTER OF HEALTH
Respondents
(Respondents)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
February 6, 2002)
SHARLOW J.A.
[1] An order adding a party is discretionary and cannot be disturbed unless the order is based on a misapprehension of the facts or an error in principle. We are not persuaded that there is any such error in this case. This appeal will be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-513-01
STYLE OF CAUSE: NU-PHARM INC. v. MERCK & CO., INC. ET AL.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: February 6, 2002
REASONS FOR JUDGMENT OF THE COURT (Rothstein, Sexton, Sharlow JJ.A.)
RENDERED FROM THE BENCH BY: Sharlow, J.A.
APPEARANCES:
Mr. H.B. Radomski
Mr. Andrew R. Brodkin for the Appellant
Mr. William H. Richardson
Mr. Andrew J. Reddon for the Respondent, Merck
Mr. F.B. (Rick) Woyiwada for the Respondent, AGC & Minister
SOLICITORS OF RECORD:
Goodmans LLP
Toronto, Ontario for the Appellant
Mr. Morris Rosenberg
Deputy Attorney General of Canada for the Respondent, AGC & Minister
McCarthy Tetrault
Toronto, Ontario for the Respondent, Merck