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.
26902
Wellcome Foundation Ltd., et al. v. Apotex 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) |
|---|---|---|
| 1999-07-03 | Close file on Leave | |
| 1999-07-02 | Correspondence (sent by the Court) to, Brian Daley re: in response to his letter dated June 29/99 on bill of costs (sent by A. Roland) | |
| 1999-06-29 | Correspondence received from, (by fax) Brian Daley; re: bill of costs | Wellcome Foundation Ltd. |
| 1999-06-28 | Decision on the bill of costs, taxed at $1,399.37, Reg | |
| 1999-06-21 | Submission of the bill of costs, Reg | |
| 1999-06-18 | Reply to the bill of costs, Completed on: 1999-06-18 | Novopharm Ltd. |
| 1999-05-18 | Response to the bill of costs, Completed on: 1999-05-18 | Wellcome Foundation Ltd. |
| 1999-05-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 1999-05-05 | Copy of formal judgment on leave being prepared | |
| 1999-04-26 | Bill of costs, Completed on: 1999-04-26 | Novopharm Ltd. |
| 1999-01-25 | Notice of deposit of judgment issued to all parties | |
| 1999-01-21 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs. Dismissed, with costs |
|
| 1998-11-30 | All materials on application for leave submitted to the Judges, L'HD G Ba | |
| 1998-11-10 | Letter acknowledging receipt of an incomplete application for leave to appeal, sent to Bayne, Sellar, Boxall and Yegendorf, Brazeau, Seller, Prehogan & Wyllie | |
| 1998-11-09 | Correspondence received from, from Goodman Phillips dated Nov. 6/98 re: virus free copies of their response | Apotex Inc. |
| 1998-11-09 | Respondent's response on the application for leave to appeal, (Virus free copies see letter dated Nov. 6/98 from Goodman Phillips - proper service admitted on Oct. 28/98), Completed on: 1998-11-09 | Apotex Inc. |
| 1998-11-06 | Letter acknowledging receipt of a complete application for leave to appeal, sent to Ogilvy Renault, Hitchman & Sprigings and Nelligan Power | |
| 1998-11-06 | Book of authorities, (joint with Novopharm), Completed on: 1998-11-06 | Apotex Inc. |
| 1998-11-03 | Applicant's reply to respondent's argument, Completed on: 1998-11-03 | Wellcome Foundation Ltd. |
| 1998-11-02 | Correspondence received from, Goodman, Phillips to Registrar, letter dated Oct. 23, 1998 re: responding to P. Kierans's letter dated Sept. 29, 1998 | Apotex Inc. |
| 1998-10-29 | Respondent's response on the application for leave to appeal, (VIRUS FREE COPIES DESTROYED AND REPLACED ON NOV. 9/98), Completed on: 1998-10-29 | Apotex Inc. |
| 1998-10-28 | Respondent's response on the application for leave to appeal, Completed on: 1998-10-28 | Novopharm Ltd. |
| 1998-09-29 | $50.00 filing fee, receipt #31250 | Wellcome Foundation Ltd. |
| 1998-09-29 | Application for leave to appeal, Completed on: 1998-09-29 | Wellcome Foundation Ltd. |
| 1998-09-29 | Correspondence received from, from Patrick Kierans of Ogilvy, Renault to Registrar, letter dated Sept. 29, 1998 re: requesting that leave application be heard on an expedited basis (to be sent to the panel) | Wellcome Foundation Ltd. |
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 |
|---|---|---|
| Wellcome Foundation Ltd. | Applicant | Active |
| Glaxo Wellcome Inc. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Respondent | Active |
| Novopharm Ltd. | Respondent | Active |
Counsel
Party: Wellcome Foundation Ltd.
Counsel
Suite 1100, P.O. Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 216-3904
FAX: (416) 977-5239
Email: pkierans@ogilvyrenault.com
Party: Glaxo Wellcome Inc.
Counsel
Suite 1100, P.O. Box 11
200 King Street West
Toronto, Ontario
M5H 3T4
Telephone: (416) 216-3904
FAX: (416) 977-5239
Email: pkierans@ogilvyrenault.com
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: Novopharm Ltd.
Counsel
1200 - 80 Richmond St West
Toronto, Ontario
M5H 2A4
Telephone: (416) 777-2270
FAX: (416) 777-2271
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-3197-90 & al
Canadian Patent No. 1,238,277 valid; permanent injunction against Respondents and Interpharm Inc.; Respondents and Interpharm Inc. to deliver up inventory of zidovudine; Respondents ordered to pay damages
Federal Court of Appeal
A-294-98 & al
Appeal allowed; order of March 25/98 stayed pending disposition of appeal on merits; Applicants to return medicine seized from Respondents
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