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.
25348
Apotex Inc. v. Eli Lilly and Company, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1999-01-05 | Record returned to the Registrar of the Court of Appeal | |
| 1998-07-24 | Formal judgment sent to the registrar of the court of appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1998-07-24 | Copy of formal judgment being prepared, all parties | |
| 1998-07-10 | Notice of deposit of judgment sent to all parties, all parties | |
| 1998-07-09 |
Judgment on the appeal rendered, L'HD G Co McL Ia Ma Ba, The appeal is allowed with costs throughout and the judgment of the Federal Court of Appeal is set aside. The application for an order of prohibition is dismissed. Allowed, costs in this Court and courts below |
|
| 1998-02-05 | General proceeding, transcript received and distributed to the justices (144 pages) (joint with 25402-25419) | |
| 1998-01-21 |
Hearing of the appeal, 1998-01-21, L'HD G Co McL Ia Ma Ba Decision reserved |
|
| 1998-01-21 | General proceeding, CONDENSED BOOK 9 copies given in Court | Apotex Inc. |
| 1998-01-21 | General proceeding, 9 copies of CONDENSED BOOK given in Court | Apotex Inc. |
| 1998-01-09 | Notice of appearance, of David Watson, Q.C. and Anthony G. Creber for the hearing of the appeal (joint with 25402-419) | Eli Lilly and Company |
| 1997-12-11 |
Appeal hearing scheduled, 1998-01-21 Decision reserved |
|
| 1997-12-08 | Correspondence (sent by the Court) to, from Goodman, Phillips to D. Beaulieu, letter dated Dec. 8, 1997 (fax copy) re: requesting a change of the January 21, 1998 appeal date (jont with 25348) | |
| 1997-11-20 | Correspondence (sent by the Court) to, from Goodman, Phillips to Registrar, letter dated Nov. 20, 1997 (fax copy) re: procedure for the hearing of the appeal (joint with 25402/25419) | |
| 1997-10-31 | Book of authorities, 10 copies of vol.I & II, Completed on: 1997-10-31 | Apotex Inc. |
| 1997-09-02 | Book of authorities, 10 copies, with service, Completed on: 1997-09-02 | Eli Lilly and Company |
| 1997-09-02 | Appeal perfected for hearing, Session beginning on 1998-01-19 | |
| 1997-09-02 | Respondent's factum, 24 copies, with service, Completed on: 1997-09-02 | Eli Lilly and Company |
| 1997-07-16 | Order on miscellaneous motion, to maintain confidentiality of sealed envelopes | |
| 1997-07-16 |
Decision on miscellaneous motion, to maintain confidentiality of sealed envelopes, Ma Granted, no order as to costs |
|
| 1997-07-16 | Hearing of miscellaneous motion, 1997-07-16, to maintain confidentiality of sealed envelopes, Ma | |
| 1997-07-16 | Submission of miscellaneous motion, 1997-07-16, to maintain confidentiality of sealed envelopes, Ma | |
| 1997-07-14 | Response to miscellaneous motion, to maintain sealed materials, Completed on: 1997-07-14 | Minister of National Health and Welfare |
| 1997-07-14 | Response to miscellaneous motion, to maintain dealed material, Completed on: 1997-07-14 | Eli Lilly and Company |
| 1997-07-14 | Affidavit, for an order to maintain confidential materials in sealed envelopes (of Nicole Himel) | Apotex Inc. |
| 1997-07-14 | $50.00 filing fee for notice of motion, to maintain sealed materials receipt #34486 | Apotex Inc. |
| 1997-07-14 | Notice of miscellaneous motion, for an order to maintain the materials listed as confidential in sealed envelopes, Completed on: 1997-07-14 | Apotex Inc. |
| 1997-07-14 | Appellant's factum, 24 copies, with service, Completed on: 1997-07-14 | Apotex Inc. |
| 1997-06-26 | Certified casebook, 1 copy of vols. 1 to 3 (vol. 3 to be confidential) | Apotex Inc. |
| 1997-06-25 | Appeal court record, 1 box (joint with Trial record) | |
| 1997-06-25 | Trial court record, 1 box (joint with C/A record) | |
| 1997-06-11 | Proof of service, 1 copy of Case on appeal vols. 1 to 3 (vol. 3 to be CONFIDENTIAL), with service | |
| 1997-06-10 | Case on appeal, 22 copies of vols. 1 to 3 (vol. 3 to be CONFIDENTIAL) | Apotex Inc. |
| 1997-03-13 | Correspondence (sent by the Court) to, sent to Attorney General of Canada enclosing copy of Rule 32 | |
| 1997-03-13 | Correspondence (sent by the Court) to, sent to Goodman Phillips & Vineberg (Toronto, ON) enclosing copy of Rule 32 | |
| 1997-03-13 | Correspondence (sent by the Court) to, sent to Gowling, Strathy & Henderson enclosing copy of Rule 32 | |
| 1997-03-11 | Notice of appeal, (service admitted on March 10, 1997), with service, Completed on: 1997-03-11 | Apotex Inc. |
| 1997-02-07 | Notice of deposit of judgment issued to all parties, Dept of Justice Canada | |
| 1997-02-07 | Notice of deposit of judgment issued to all parties, Goodman Phillips & Vineberg (Toronto, ON) | |
| 1997-02-07 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-02-06 |
Judgment of the Court on the application for leave to appeal, LaF Co Ma, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1996-10-07 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1996-10-04 | Book of authorities, 5 copies, Completed on: 1996-10-04 | Apotex Inc. |
| 1996-09-16 | Proof of service, of the respondent's response (book form) | |
| 1996-09-10 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-09-10 | Apotex Inc. |
| 1996-09-03 | Book of authorities, 5 copies, Completed on: 1996-09-03 | Eli Lilly and Company |
| 1996-09-03 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-09-03 | Eli Lilly and Company |
| 1996-08-03 | Affidavit, of Peter Wilcox (ORIGINAL) (included in respondent 's response) | Eli Lilly and Company |
| 1996-07-26 | Correspondence received from, from F. Woyiwade, letter dated July 24/96 re: no submissions will be made in response (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Minister of National Health and Welfare |
| 1996-06-06 | Correspondence received from, sent to A.G. of Canada enclosing copy of letter dated June 6/96 sent to applicant | |
| 1996-06-06 | Correspondence received from, sent to Gowling, Strathy & Henderson enclosing copy of letter dated June 6/96 sent to applicant | |
| 1996-06-06 | Correspondence received from, sent to Goodman Phillips & Vineberg (Toronto, ON) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1996-05-31 | $50.00 filing fee, receipt no. 32167 | Apotex Inc. |
| 1996-05-31 | Application for leave to appeal, 5 copies, with service, Completed on: 1996-05-31 | Apotex 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
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Eli Lilly and Company | Respondent | Active |
| Eli Canada Inc. | Respondent | Active |
| Minister of National Health and Welfare | Respondent | Active |
Counsel
Party: Apotex Inc.
Counsel
2400 - 250 Yonge St
P.O. Box 24
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca
Party: Eli Lilly and Company
Counsel
Suite 2600, Box 466
160 Elgin Street - Stn. D.
Ottawa, Ontario
K1P 1C3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Email: Anthony.creber@gowlingwlg.com
Party: Eli Canada Inc.
Counsel
Suite 2600, Box 466
160 Elgin Street - Stn. D.
Ottawa, Ontario
K1P 1C3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Email: Anthony.creber@gowlingwlg.com
Party: Minister of National Health and Welfare
Counsel
234 Wellington Street, Room 1104
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: rick.woyiwada@justice.gc.ca
Summary
Keywords
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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
Federal Court of Canada, Trial Division
T-1444-93
see file
Federal Court of Appeal
A-82-95
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
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Related links
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