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26979

Apotex Inc. v. Bayer Aktiengesellschaft, et al.

(Ontario) (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)
1999-12-07 Decision on judicial taxation, G, see long judgment
Dismissed, with costs
1999-11-29 Submission of application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, G
1999-11-24 Correspondence received from, H. Brown; re: further reply Bayer Aktiengesellschaft
1999-11-17 Correspondence received from, D. Bassan; re: further response Apotex Inc.
1999-11-17 General proceeding, reply on the objection of taxation Bayer Aktiengesellschaft
1999-11-12 General proceeding, response to the objection of taxation Apotex Inc.
1999-10-21 Application to a judge for review of a decision of the registrar on an objection to the taxation of a bill of costs, Incomplete Bayer Aktiengesellschaft
1999-10-08 Decision on the objection to the taxation of the bill of costs, Reg, see long judgment
Dismissed, no order as to costs
1999-09-29 Submission of objection to taxation of bill of costs, Reg
1999-09-28 Reply of objection to taxation of the bill of costs, Completed on: 1999-09-28 Bayer Aktiengesellschaft
1999-09-27 Response to objection to taxation of the bill of costs, Completed on: 1999-09-27 Apotex Inc.
1999-09-21 Correspondence received from, (by fax) D.F. Bassan; re: will reply to the objection on taxation Apotex Inc.
1999-09-15 Objection to the taxation of the bill of costs, Completed on: 1999-09-15 Bayer Aktiengesellschaft
1999-08-26 Certificate of taxation issued to, Gowling
1999-08-25 Decision on the bill of costs, taxed at $1,157.15 (see file for judgment), Reg, for reasons see long judgment
Dismissed, no order as to costs
1999-08-20 Submission of the bill of costs, Reg
1999-08-19 Reply to the bill of costs, Completed on: 1999-08-19 Bayer Aktiengesellschaft
1999-08-10 Response to the bill of costs, Completed on: 1999-08-10 Apotex Inc.
1999-08-04 Affidavit, of Neil R. Belmore in support of the bill of costs Bayer Aktiengesellschaft
1999-08-04 Bill of costs, Completed on: 1999-08-04 Bayer Aktiengesellschaft
1999-06-09 Close file on Leave
1999-06-08 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
1999-06-08 Copy of formal judgment on leave being prepared
1999-04-06 Notice of deposit of judgment issued to all parties
1999-04-01 Judgment of the Court on the application for leave to appeal, The application for leave to appeal is dismissed with costs.
Dismissed, with costs
1999-03-08 All materials on application for leave submitted to the Judges, Co Ma Bi
1998-12-31 Applicant's reply to respondent's argument, Completed on: 1998-12-31 Apotex Inc.
1998-12-22 Correspondence received from, (Letter Form), from Goodman, letter dated Dec. 21, 1998 (fax copy) re: no formal order has been issued (fax copy) Apotex Inc.
1998-12-22 Respondent's response on the application for leave to appeal, Completed on: 1998-12-22 Bayer Aktiengesellschaft
1998-12-08 Letter acknowledging receipt of an incomplete application for leave to appeal
1998-11-25 Affidavit, sworned of Iain Cockburn and Jonh S. Koh (included in Leave Application)
Apotex Inc.
1998-11-24 Application for leave to appeal, missing C/A Order, Completed on: 1999-01-06 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

Main parties - Appellants
Name Role Status
Apotex Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Bayer Aktiengesellschaft Respondent Active
Miles Canada Inc. Respondent Active

Counsel

Party: Apotex Inc.

Counsel
Harry B. Radomski
Goodman Phillips & Vineberg
2400 - 250 Yonge St
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Agent
Anne Marshall
Nelligan Power
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098

Party: Bayer Aktiengesellschaft

Counsel
Neil Belmore
Gowling, Strathy & Henderson
4900 Commerce Court West
P.O. Box 438, Stn. Commerce Crt.
Toronto, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Miles Canada Inc.

Counsel
Neil Belmore
Gowling, Strathy & Henderson
4900 Commerce Court West
P.O. Box 438, Stn. Commerce Crt.
Toronto, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Brian A. Crane, Q.C.
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

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

January 30, 1995
Ontario Court of Justice (General Division)

45763/90

Action allowed, Applicant ordered to pay royalties due and owing under compulsory licenses

September 25, 1998
Court of Appeal for Ontario

C21257

Appeal dismissed; cross-appeal allowed

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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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

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Webcasts

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Date modified: 2025-02-27