Federal Court Decisions

    

     T-2845-96

OTTAWA, ONTARIO THIS 27TH DAY OF MARCH, 1997

BEFORE:      MR. RICHARD MORNEAU, ESQ., PROTHONOTARY

BETWEEN:

APOTEX INC.

     Applicant

- and -

JANSSEN PHARMACEUTICA naamloze vennootschap,

JANSSEN PHARMACEUTICA INC. and

THE MINISTER OF HEALTH

     Respondents

     REASONS FOR ORDER AND ORDER

     UPON MOTION on behalf of the Respondents JANSSEN PHARMACEUTICA N.V. and JANSSEN PHARMACEUTICA INC. for:

1)      An Order striking the Affidavit of Bernard Sherman affirmed December 17, 1996;

2)      In the alternative, an Order requiring Bernard Sherman to attend for cross-examination on his affidavit and extending the time for the filing of Janssen's Application Record until three weeks after the completion of the cross-examination of Bernard Sherman; and

3)      Such further or other relief as this honourable Court may in the corcumstances deem just.

     IT IS HEREBY ORDERED THAT:

     The alternative remedy sought by the Respondents is granted. The extension of time therein requested should be sought before a judge of this Court, possibly by way of an oral motion to the Motions' judge presently sitting;

     The time and place to carry out the cross-examination is to be agreed upon by counsel for both parties. In any case, it should proceed as soon as possible.

     I come to this order by reason of the fact that I am satisfied upon reading the material submitted in support of the motion at bar and upon listening to counsel for both parties that a reasonable explanation for not having proceeded before with the cross-examination of Bernard Sherman is found in the affidavit of Patrick Smith filed herein. I am also of the view that it has not been established before me that the Applicant will suffer any real prejudice by allowing the cross-examination of Bernard Sherman to take place.

     Respondent's motion is otherwise dismissed.

    

     Costs in the cause.

Richard Morneau

Prothonotary