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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


24260

Merck Frosst Canada Inc., et al. v. Minister of National Health and Welfare, et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1995-03-30 Copy of formal judgment on leave being prepared, Goodman & Goodman (Toronto, ON)
1995-03-30 Copy of formal judgment on leave being prepared, Ogilvy, Renault (Ottawa, ON)
1995-03-30 Copy of formal judgment on leave being prepared, Ogilvy Renault (Montreal, QC)
1995-03-30 Copy of formal judgment on leave being prepared, A.G. of Canada (Ottawa, ON)
1995-03-29 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. Ontario (Ottawa)
1995-02-03 Notice of deposit of judgment issued to all parties, Goodman & Goodman (Toronto, ON)
1995-02-03 Notice of deposit of judgment issued to all parties, Ogilvy, Renault (Ottawa, ON)
1995-02-03 Notice of deposit of judgment issued to all parties, Ogilvy Renault (Montreal, QC)
1995-02-03 Notice of deposit of judgment issued to all parties, A.G. of Canada (Ottawa, ON)
1995-02-02 Judgment of the Court on the application for leave to appeal, Co Ia Ma, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1995-02-02 Hearing of the application for leave to appeal, 1995-02-02, Co Ia Ma
1995-02-02 All materials on application for leave submitted to the Judges, 1995-02-02, Co Ia Ma
1994-12-16 Correspondence received from, from Oglivy, Renault; re: attached is a F.C.A. judgment for the Court sent to Co I Ma, Dec 22/94 Merck Frosst Canada Inc.
1994-10-26 Correspondence received from, from Ogilvy Renault to correct clerical errors which appear in Reply dated Sept. 27/94 filed on behalf of Merck Frosst Canada Inc. re: Paragraph 1 and sub-paragraphs 9(i) and (ii)
1994-10-26 Correspondence received from, from J. Nelson Landry to Registrar re:clerical errors in the reply (fax copy) sent to CJ Co I Oct 28/94 - original received oct 31/94 Merck Frosst Canada Inc.
1994-09-27 Applicant's reply to respondent's argument, 5 copies sent to CJ Co I, Sept 28/94, with service Merck Frosst Canada Inc.
1994-09-22 All materials on application for leave submitted to the Judges, Co I M
1994-09-20 Respondent's response on the application for leave to appeal, 5 copies Apotex Inc.
1994-09-08 Application for leave to appeal, as proof of service filed, Completed on: 1994-09-08
1994-09-08 Service, copy of the application for leave to appeal vol. I to III (vol. II sealed) admitted on August 31/94
1994-09-08 Correspondence received from, of J. Nelson Landry (Ogilvy Renault) to advise the Court that he will act as agent for the respondent Kyorin Pharmaceutical Co., Ltd.
1994-09-06 Correspondence received from, sent to A.G. of Canada (Ottawa, ON) enclosing copy of letter dated Sept 6/94 sent to applicant
1994-09-06 Correspondence received from, sent to Malcolm Johnston & Associates (Toronto, ON) enclosing copy of letter dated Sept 6/94 sent to applicant
1994-09-06 Correspondence received from, sent to Ogilvy Renault (Montréal, QC) to acknowledge receipt of application for leave to appeal but missing PROOF OF SERVICE
1994-08-31 Correspondence received from, from Nelson Landry re: enclosing 5 copies of vol. 1 to 3 of the application for leave to appeal and indicating that vol. 2 contains materials which are confidential and subject to protective orders in both the Federal Court Trial Division and Federal Cour
1994-08-31 $30.00 filing fee, receipt no. 24857 Merck Frosst Canada Inc.
1994-08-31 Application for leave to appeal, 5 copies of vol. 1 to 3 (vol. 2 SEALED) - proof of service missing, Incomplete Merck Frosst Canada Inc.
1994-07-06 Correspondence received from, from A. Roland to Ogilvy, Renault re: acknowledge receipt of his letter dated June 28, 1994
1994-06-30 Correspondence received from, from Ogilvy, Renault, letter dated June 28, 1994 re: calculation of time Merck Frosst Canada Inc.

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Merck Frosst Canada Inc. Applicant Active
Merck & Co., Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Minister of National Health and Welfare Respondent Active
Kyorin Pharmaceutical Co., Ltd. Respondent Active
Apotex Inc. Respondent Active

Counsel

Party: Merck Frosst Canada Inc.

Counsel
J. Nelson Landry
Ogilvy Renault
1981 McGill College Avenue
Suite 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: jnlandry@ogilvyrenault.com

Party: Merck & Co., Inc.

Counsel
J. Nelson Landry
Ogilvy Renault
1981 McGill College Avenue
Suite 1100
Montréal, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Email: jnlandry@ogilvyrenault.com

Party: Minister of National Health and Welfare

Counsel
Frederick B. Woyiwada
Attorney General of Canada
234 Wellington Street, Room 1104
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: rick.woyiwada@justice.gc.ca

Party: Kyorin Pharmaceutical Co., Ltd.

Agent
J. Nelson Landry
Ogilvy, Renault
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459

Party: Apotex Inc.

Counsel
Harry B. Radomski
Goodman Phillips & Vineberg
2400 - 250 Yonge St
P.O. Box 24
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

May 2, 1994
Federal Court of Appeal

A-80-94

appeal dismissed

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-02-27