Date: 20021016
Docket: A-368-01
(T-320-01)
Neutral citation: 2002 FCA 389
CORAM: ROTHSTEIN J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
ELI LILLY AND COMPANY and
ELI LILLY CANADA INC.
Appellants
(Defendants)
and
APOTEX INC.
Respondent
(Plaintiff)
Heard at Ottawa, Ontario, on October 16, 2002.
Judgment delivered from the Bench at Ottawa, Ontario, on October 16, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: ROTHSTEIN J.A.
Date: 20021016
Docket: A-368-01
(T-320-01)
Neutral citation: 2002 FCA 389
CORAM: ROTHSTEIN J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
ELI LILLY AND COMPANY and
ELI LILLY CANADA INC.
Appellants
(Defendants)
and
APOTEX INC.
Respondent
(Plaintiff)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on October 16, 2002)
ROTHSTEIN J.A.
[1] This is an appeal from the decision of a Motions Judge dismissing a motion to strike a Statement of Claim.
[2] We are all of the opinion that this is not a case in which this Court should interfere with the discretion exercised by the Motions Judge. Nor is this a case in which it would be appropriate for this Court to decide, for the first time, issues that were not expressly dealt with by the Motions Judge.
[3] We will, therefore, dismiss the appeal. The respondent will be entitled to party-party costs in the sum of $10,000 inclusive of disbursements and GST. Our decision on this appeal in no way pre-judges the appropriateness of a motion for summary judgment in the Trial Division that the appellants indicate they will bring on the dismissal of this appeal.
"Marshall Rothstein"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-368-01 (T-320-01)
STYLE OF CAUSE: Eli Lilly and Company and Eli Lilly Canada Inc.
Appellants
(Defendants)
and
Apotex Inc.
Respondent
(Plaintiff)
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: OCTOBER 16, 2002
REASONS FOR JUDGMENT
OF THE COURT: (ROTHSTEIN, SEXTON, EVANS)
RENDERED FROM THE
BENCH BY: ROTHSTEIN J.A.
APPEARANCES:
Anthony G. Creber
Patrick Smith FOR THE APPELLANT
H.B. Radomski
Andrew R. Brodkin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Gowling Lafleur Henderson LLP
Ottawa, Ontario FOR THE APPELLANT
Goodmans LLP
Toronto, Ontario FOR THE RESPONDENT
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