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.
25419
Apotex Inc. v. Merck Frosst Canada Inc., 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 on leave 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, the decision of the Federal Court of Appeal is set aside, and the application for a prohibition order preventing the Minister from issuing the requested notice of compliance to Apotex Inc. 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 25348-25402) | |
| 1998-01-21 |
Hearing of the appeal, 1998-01-21, L'HD G Co McL Ia Ma Ba Decision reserved |
|
| 1998-01-21 | Supplemental document, AUTHORITIES 9 copies given in Court | Apotex Inc. |
| 1998-01-19 | Supplemental document, AUTHORITIES 11 copies | Merck Frosst Canada Inc. |
| 1998-01-19 | General proceeding, 12 copies of CONDENSED BOOK | Merck Frosst Canada Inc. |
| 1998-01-09 | Notice of appearance, of David Watson, Q.C. and Anthony G. Creber at the hearing of the appeal | Merck Frosst Canada Inc. |
| 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 (joint 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 25348/25402) | |
| 1997-10-31 | Book of authorities, 10 copies of vol. I & II, Completed on: 1997-10-31 | Apotex Inc. |
| 1997-09-17 | Correspondence (sent by the Court) to, sent to Dept. of Justice Canada (Ottawa, ON) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-17 | Correspondence (sent by the Court) to, sent to Ogilvy Renault (Montreal, QC) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-17 | Correspondence (sent by the Court) to, sent to Goodman Phillips & Vineberg (Toronto, ON) enclosing copy of the notice to the profession dealing with condensed books | |
| 1997-09-08 | Book of authorities, 10 copies of vol. I to IV, Completed on: 1997-09-08 | Merck Frosst Canada Inc. |
| 1997-09-08 | Respondent's factum, 24 copies, with service, Completed on: 1997-09-08 | Merck Frosst Canada Inc. |
| 1997-09-08 | Appeal perfected for hearing, Session beginning on 1998-01-19 | |
| 1997-07-14 | Appellant's factum, 24 copies, with service, Completed on: 1997-07-14 | Apotex Inc. |
| 1997-06-25 | Appeal court record, 2 boxes (joint with Trial record) | |
| 1997-06-25 | Trial court record, 2 boxes (joint with C/A record) | |
| 1997-06-25 | Certified casebook, 1 copy of vols. 1 and 2 | Apotex Inc. |
| 1997-06-11 | Proof of service, of case on appeal vols. 1 and 2, with service | |
| 1997-06-10 | Case on appeal, 22 copies of vols. 1 and 2 | 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 Ogilvy Renault (Montreal, QC) 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 | |
| 1997-03-11 | 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, Attorney General of Canada | |
| 1997-02-07 | Notice of deposit of judgment issued to all parties, Ogilvy, Renault | |
| 1997-02-07 | Notice of deposit of judgment issued to all parties, Goodman Phillips & Vineberg (Toronto, ON) | |
| 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 |
|
| 1996-10-11 | Book of authorities, 5 copies sent to LaF Co Ma, Oct 15/95, with service, Completed on: 1996-10-11 | Apotex Inc. |
| 1996-10-07 | Applicant's reply to respondent's argument, 5 copies, with service, Completed on: 1996-10-07 | Apotex Inc. |
| 1996-10-07 | All materials on application for leave submitted to the Judges, LaF Co Ma | |
| 1996-10-04 | Affidavit, of service of the respondent's response admitted on Sept. 30/96 | Merck Frosst Canada Inc. |
| 1996-09-30 | Book of authorities, 5 copies, Completed on: 1996-09-30 | Merck Frosst Canada Inc. |
| 1996-09-30 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1996-09-30 | Merck Frosst Canada Inc. |
| 1996-09-23 | Correspondence received from, (by fax) from Richard Naiberg; re: error in the affidavit of Paula Rembach and the memorandum of argument (TO BE SENT WITH THE LEAVE APPLICATION) (original filed Sept. 24/96) | Apotex Inc. |
| 1996-07-26 | Correspondence received from, from F. Woyiwada, 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 |
| 1996-07-10 | Correspondence received from, sent to Ogilvy, Renault (Ottawa, ON) enclosing copy of letter dated July 10/96 sent to applicant | |
| 1996-07-10 | Correspondence received from, sent to A.G. of Canada enclosing copy of letter dated July 10/96 sent to applicant | |
| 1996-07-10 | Correspondence received from, sent to Goodman Phillips & Vineberg (Toronto, ON) to acknowledge receipt of material commencing a proceeding together with filing fee | |
| 1996-07-08 | Correspondence received from, from Richard Naiberg; re: NEARLY IDENTICAL TO 25348 AND 25402 | Apotex Inc. |
| 1996-07-08 | $50.00 filing fee, receipt #32332 | Apotex Inc. |
| 1996-07-08 | Application for leave to appeal, 5 copies, with service, Completed on: 1996-07-08 | 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 |
|---|---|---|
| Merck Frosst Canada Inc. | Respondent | Active |
| Merck & Co. Inc. | Respondent | Active |
| Minister of National Health and Welfare | Respondent | Active |
| Kyorin Pharmaceutical Co. Ltd. | 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: Merck Frosst Canada Inc.
Counsel
Robert P. Charlton
1100 - 1981 AV McGILL COLLEGE
MONTRÉAL, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Merck & Co. Inc.
Counsel
1100 - 1981 AV McGILL COLLEGE
MONTRÉAL, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
Party: Minister of National Health and Welfare
Counsel
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2353
FAX: (613) 954-1920
Email: Frederick.Woyiwada@justice.gc.ca
Party: Kyorin Pharmaceutical Co. Ltd.
Counsel
1100 - 1981 AV McGILL COLLEGE
MONTRÉAL, Quebec
H3A 3C1
Telephone: (514) 847-4747
FAX: (514) 286-5474
Agent
1600 - 45 O'Connor St
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8661
FAX: (613) 230-5459
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-1306-93
see file
Federal Court of Appeal
A-854-95
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
Not available
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