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.
25723
Apotex Inc., et al. v. Merck & Co., 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) |
|---|---|---|
| 1997-08-01 | Close file on Leave | |
| 1997-07-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, F.C.A. (Ottawa, Ontario) | |
| 1997-07-09 | Copy of formal judgment on leave being prepared, Scott & Aylen (Ottawa, ON) | |
| 1997-07-09 | Copy of formal judgment on leave being prepared, Greenspan, Humphrey (Toronto, ON) | |
| 1997-07-09 | Copy of formal judgment on leave being prepared, Gowling, Strathy & Henderson (Ottawa, ON) | |
| 1997-07-09 | Copy of formal judgment on leave being prepared, Goodman, Phillips & Vineberg (Toronto, ON) | |
| 1997-05-23 | Notice of deposit of judgment issued to all parties, Scott & Aylen | |
| 1997-05-23 | Notice of deposit of judgment issued to all parties, Greenspan, Humphrey (Toronto, ON) | |
| 1997-05-23 | Notice of deposit of judgment issued to all parties, Gowling, Strathy & Henderson | |
| 1997-05-23 | Notice of deposit of judgment issued to all parties, Goodman, Phillips & Vineberg (Toronto, ON) | |
| 1997-05-22 |
Judgment of the Court on the application for leave to appeal, LaF G Ma, The applications for leave to appeal are dismissed with costs. Dismissed, with costs |
|
| 1997-02-28 | All materials on application for leave submitted to the Judges, LaF G Ma | |
| 1997-02-28 | Proof of service, of the respondents's response to application for leave to appeal of Moshe Green and Organ | |
| 1997-02-20 | General proceeding, 1 copy of Federal Court (Trial Division) order of Richard J. dated October 13, 1995 | Apotex Inc. |
| 1997-02-20 | General proceeding, 1 copy of the F.C.A. order dated July 6, 1995 | Apotex Inc. |
| 1997-02-20 | General proceeding, 1 copy of the reasons for judgment by MacKay J. on December 14, 1994 (NOT to be sent to the judges) | Apotex Inc. |
| 1997-01-30 | Respondent's response on the application for leave to appeal, 5 copies (to application of Moshe Green & Harvey Organ), with service, Completed on: 1997-01-30 | Merck & Co., Inc. |
| 1997-01-28 | Proof of service, OF REPLY | |
| 1997-01-28 | Correspondence received from | Apotex Inc. |
| 1997-01-28 |
Decision on motion to add or substitute parties, Upon consent of the parties, the motion to be added as a party applicant is granted, but not the other conclusions, L'HD Granted, no order as to costs |
|
| 1997-01-28 | Hearing of motion to add or substitute parties, 1997-01-28, Upon consent of the parties, the motion to be added as a party applicant is granted, but not the other conclusions, L'HD | |
| 1997-01-28 | Submission of motion to add or substitute parties, 1997-01-28, Upon consent of the parties, the motion to be added as a party applicant is granted, but not the other conclusions, L'HD | |
| 1997-01-28 |
Decision on motion to extend time to file and /or serve the leave application, to January 23, 1997, L'HD Granted, no order as to costs |
|
| 1997-01-28 | Hearing of motion to extend time to file and/ or serve the leave application, 1997-01-28, to January 23, 1997, L'HD | |
| 1997-01-28 | Submission of motion to extend time to file and/ or serve the leave application, 1997-01-28, to January 23, 1997, L'HD | |
| 1997-01-27 | Correspondence received from, from Brian Crane to A. Roland, letter dated Jan. 27, 1997 re: do object to leave being given to Green and Organ to file any further material | Merck & Co., Inc. |
| 1997-01-27 | Correspondence received from, from Brian Crane to A. Roland, letter dated Jan. 27, 1997 re: requesting that leave application be submitted to the Court as soon as possible | Merck & Co., Inc. |
| 1997-01-24 | Affidavit, of Shea Small (fax copy), with service | Moshe Green |
| 1997-01-24 | $50.00 filing fee for a notice of motion, receipt no. 33417 | Moshe Green |
| 1997-01-24 | Motion to add or substitute parties, to add Moshe Green and Harvey Organ as applicants (fax copy), with service, Completed on: 1997-01-24 | Moshe Green |
| 1997-01-23 | $50.00 filing fee, receipt #33404 | Moshe Green |
| 1997-01-23 | Application for leave to appeal, 5 copies(SEE motions granted by LHD on Jan. 28/97) (SECOND APPLICATION), with service, Completed on: 1997-01-23 | Moshe Green |
| 1997-01-21 | Correspondence received from, from James Minnes to M. Larmour, letter dated Jan. 21, 997 (fax copy) re: will not be filing a reply to the respondent's response on the motion to extend the time | Moshe Green |
| 1997-01-21 | Service, copy of the response to NOTICE OF MOTION for extension of time by Moshe Green et al admitted on Jan. 15/97 | |
| 1997-01-21 | Service, copy of the BOOK OF AUTHORITIES OF THE RESPONDENTS admitted on Jan. 15/97 | |
| 1997-01-21 | Service, copy of Respondent's response admitted on Jan. 15, 1997 | |
| 1997-01-21 | General proceeding, 5 copies of foormal order of C.A. (TO BE SENT WITH THE APPLICATION FOR LEAVE TO APPEAL) | Apotex Inc. |
| 1997-01-21 | Applicant's reply to respondent's argument, 5 copies, Completed on: 1997-01-21 | Apotex Inc. |
| 1997-01-20 | Book of authorities, 5 copies, Completed on: 1997-01-20 | Apotex Inc. |
| 1997-01-14 | General proceeding, 5 copies RESPONDENTS' RESPONSE TO THE MOTION TO EXTEND THE TIME TO FILE THE APPLICATION FOR LEAVE TO APPEAL BY MOSHE GREEN AND HARVEY ORGAN - book form | Merck & Co., Inc. |
| 1997-01-14 | General proceeding, 5 copies of APPLICANTS'S MEMORANDUM OF ARGUMENT IN SUPPORT OF THE MOTION TO EXTEND THE TIME (joint with Harvey Organ), with service | Moshe Green |
| 1997-01-14 | Affidavit, of Moshe Green - 5 copies, with service | Moshe Green |
| 1997-01-14 | $50.00 filing fee for a notice of motion, receipt no. 33345 | Moshe Green |
| 1997-01-14 | Motion to extend the time to file and or serve the application for leave to appeal, 10 days after the decision of this motion (joint with Harvey Organ) - 5 copies, with service, Completed on: 1997-01-14 | Moshe Green |
| 1997-01-14 | Book of authorities, 5 copies, Completed on: 1997-01-14 | Merck & Co., Inc. |
| 1997-01-13 | Respondent's response on the application for leave to appeal, 5 copies, Completed on: 1997-01-13 | Merck & Co., Inc. |
| 1997-01-10 | Correspondence received from, sent to Gowling, Strathy & Henderson, (Ottawa, ON) a copy of the letter dated January 10, 1997, sent to the Applicant. | |
| 1997-01-10 | Correspondence received from, sent to Greenspan, Humphrey, (Toronto,ON) a copy of the letter dated January 10, 1997, sent to the Applicant. | |
| 1997-01-10 | Correspondence received from, sent to Goodman, Phillips & Vineberg, (Toronto,ON) to acknowledge receipt of material commencing a proceeding and filing fee. | |
| 1996-12-30 | $50.00 filing fee, receipt #33286 | Apotex Inc. |
| 1996-12-30 | Application for leave to appeal, 5 copies (Formal C/A order missing)(FIRST APPLICATION), with service, Completed on: 1997-01-21 | 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 |
| Sherman, Bernard | Applicant | Active |
| Green, Moshe | Applicant | Active |
| Organ, Harvey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Merck & Co., Inc. | Respondent | Active |
| Merck Frosst Canada Inc. | Respondent | Active |
Counsel
Party: Apotex Inc.
Counsel
2400 - 250 Yonge St
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Party: Sherman, Bernard
Counsel
2714 - 130 Adelaide St West
Toronto, Ontario
M5H 3P5
Telephone: (416) 868-1755
FAX: (416) 868-1990
Party: Green, Moshe
Counsel
1500 - 1 QUEEN ST E
TORONTO, Ontario
M5C 2Y3
Telephone: (416) 364-3100
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Organ, Harvey
Counsel
1500 - 1 QUEEN ST E
TORONTO, Ontario
M5C 2Y3
Telephone: (416) 364-3100
Agent
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842
Party: Merck & Co., Inc.
Counsel
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
Party: Merck Frosst Canada Inc.
Counsel
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869
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-2408-91
see file
Federal Court of Appeal
A-86-96
see file
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