BETWEEN:
BAYER INC.
Appellants
(Plaintiffs/Defendants
by Counterclaim)
and
SANDOZ CANADA INCORPORATED
Respondent
(Defendant/Plaintiff
by Counterclaim)
Heard at Toronto, Ontario, on October 15, 2008.
Judgment delivered at Toronto, Ontario, on October 15, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Docket: A-488-07
Citation: 2008 FCA 309
CORAM: LÉTOURNEAU J.A.
SHARLOW J.A.
PELLETIER J.A.
BETWEEN:
BAYER HEALTHCARE AG and
BAYER INC.
Appellants
(Plaintiffs/Defendants
by Counterclaim)
and
SANDOZ CANADA INCORPORATED
Respondent
(Defendant/Plaintiff
by Counterclaim)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on October 15, 2008)
[1] Bayer appeals the order of Justice Barnes (2007 FC 1068) dismissing its motion to strike paragraphs 46 to 56 of the Amended Statement of Defence and Counterclaim. We note that in certain respects Justice Barnes’ reasons may disclose some misunderstanding of the pleadings. However, despite the able submissions of counsel for Bayer, we are not persuaded that it is plain and obvious that the pleadings must fail. Therefore, the appeal will be dismissed with costs in the cause.
“K. Sharlow”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-488-07
APPEAL FROM THE REASONS FOR ORDER AND ORDER OF THE FEDERAL COURT (BARNES, J.), DATED OCTOBER 17, 2007, DOCKET NO. T-762-06
STYLE OF CAUSE: BAYER HEALTHCARE AG and BAYER INC. v. SANDOZ CANADA INCORPORATED
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: OCTOBER 15, 2008
REASONS FOR JUDGMENT OF
THE COURT BY: (LÉTOURNEAU, SHARLOW & PELLETIER JJ.A.)
DELIVERED FROM THE
BENCH BY: SHARLOW J.A.
APPEARANCES:
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FOR THE APPELLANT
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Warren Springings, Robert Shapiro, Paula Bremner
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Barristers and Solicitors Toronto, ON |
FOR THE APPELLANT
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Hitchman and Springings Barristers and Solicitors Toronto, ON |
FOR THE RESPONDENT
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