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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.


30535

Bayer AG, 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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2005-01-21 Close file on Leave
2005-01-21 Judgment on leave sent to the parties
2005-01-20 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-546-03, dated June 23, 2004, is dismissed with costs to the respondent Apotex Inc.
Dismissed, with costs
2004-12-13 All materials on application for leave submitted to the Judges, Ma F Abe
2004-11-01 Applicant's reply to respondent's argument, Completed on: 2004-11-01 Bayer AG
2004-10-22 Book of authorities Apotex Inc.
2004-10-21 Supplemental document, acknowledgment of service of the Certificate (Form 25B) Bayer AG
2004-10-21 Respondent's response on the application for leave to appeal, Completed on: 2004-10-21 Apotex Inc.
2004-10-18 Respondent's response on the application for leave to appeal, (Letter Form), from N. Henein dated Oct. 13, 2004 (fax copy) re: no position, Completed on: 2004-10-18 Minister of Health
2004-10-08 Letter acknowledging receipt of a complete application for leave to appeal
2004-09-22 Application for leave to appeal, (2 volumes), Completed on: 2004-10-08 Bayer AG

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
Bayer AG Applicant Active
Bayer Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
Apotex Inc. Respondent Active
Minister of Health Respondent Active

Counsel

Party: Bayer AG

Counsel
Neil Belmore
Ken Clark
Gowling WLG (Canada) LLP
4900 Commerce Court West
P.O. Box 438, Stn. Commerce Crt.
Toronto, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Bayer Inc.

Counsel
Neil Belmore
Ken Clark
Gowling WLG (Canada) LLP
4900 Commerce Court West
P.O. Box 438, Stn. Commerce Crt.
Toronto, Ontario
M5L 1J3
Telephone: (416) 862-7525
FAX: (416) 862-7661
Agent
Henry S. Brown, Q.C.
Gowling WLG (Canada) LLP
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com

Party: Apotex Inc.

Counsel
Harry Radomski
Goodmans LLP
250 Yonge Street
Suite 2400, Box 24
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Email: hradomski@goodmans.ca
Agent
Dougald E. Brown
Nelligan O'Brien Payne LLP
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 231-8210
FAX: (613) 788-3661
Email: dougald.brown@nelligan.ca

Party: Minister of Health

Counsel
Eric Peterson
Nathalie Henein
Attorney General of Canada
The Exchange Tower, Box 36
3400 - 130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 952-6334
FAX: (416) 973-5004
Email: eric.peterson@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

October 17, 2003
Federal Court of Canada, Trial Division

T-2052-01

Applicant's application for relief allowed in part: Minister of Health prohibited from issuing notices of compliance under s. C.08.004 of the Food and Drug Regulations to Respondent Apotex prior to expiration of patent

June 23, 2004
Federal Court of Appeal

A-546-03

Applicants' motion to dismiss Respondents' appeal on the basis of mootness 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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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