A-368-96
TORONTO, ONTARIO, FRIDAY THE 10th DAY OF OCTOBER, 1997
| CORAM: STRAYER, J.A. |
LINDEN, J.A.
ROBERTSON, J.A.
B E T W E E N:
GLAXO GROUP LIMITED and
GLAXO WELLCOME INC.
Appellants
-and-
THE MINISTER OF NATIONAL HEALTH
AND WELFARE and APOTEX INC.
Respondents
HEARD at Toronto, Ontario, Friday, October 10, 1997.
JUDGMENT delivered from the Bench at Toronto, Ontario, on Friday, October 10, 1997.
REASONS FOR JUDGMENT BY: STRAYER, J.A.
A-368-96
| CORAM: STRAYER, J.A. |
LINDEN, J.A.
ROBERTSON, J.A.
B E T W E E N:
GLAXO GROUP LIMITED and
GLAXO WELLCOME INC.
Appellants
-and-
THE MINISTER OF NATIONAL HEALTH
AND WELFARE and APOTEX INC.
Respondents
REASONS FOR JUDGMENT
While this Court might not have granted the extension of time for Apotex Inc. to file its affidavits in these circumstances, there was evidence before the motions judge which it was open to her to accept as justifying the delay. It is conceded that the appellant would not suffer prejudice by the mere fact of delay. Therefore there is no basis on which this Court should interfere with the exercise of direction by the motions judge. The appeal will accordingly be dismissed but without costs.
"B.L. Strayer"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: A-368-96
| STYLE OF CAUSE: GLAXO GROUP LIMITED and |
GLAXO WELLCOME INC.
- and -
| THE MINISTER OF NATIONAL HEALTH AND WELFARE and APOTEX INC. |
DATE OF HEARING: OCTOBER 10, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT BY: STRAYER, J.A.
Delivered from the Bench at Toronto, Ontario
on Friday, October 10, 1997
APPEARANCES:
Ms. Nancy Pei
For the Appellants
Mr. Harry B. Radomski
For the Respondents
SOLICITORS OF RECORD:
SMART & BIGGAR
Barristers & Solicitors
439 University Avenue
Suite 2300
Toronto, Ontario
M5G 1Y8
For the Appellants
GOODMAN, PHILLIPS & VINEBERG
Barristers & Solicitors
250 Yonge Street
Suite 2400
Toronto, Ontario
M5B 2M6
For the Respondents
FEDERAL COURT OF CANADA
Court No.: A-368-96
Between:
| GLAXO GROUP LIMITED and |
GLAXO WELLCOME INC.
Appellants
- and -
| THE MINISTER OF NATION HEALTH |
AND WELFARE and APOTEX INC.
Respondents
REASONS FOR JUDGMENT