Date:20010330
Docket:A-717-00
Neutral citation: 2001 FCA 95
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
AB HASSLE and ASTRA PHARMA INC.
Appellants
(Applicants)
- and -
THE MINISTER OF NATIONAL HEALTH AND WELFARE
and APOTEX INC.
Respondents
(Respondents)
Heard at Toronto, Ontario, Thursday, March 29, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Thursday, March 29, 2001
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Date: 20010330
Docket: A-717-00
Neutral citation: 2001 FCA 95
CORAM: ROTHSTEIN J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
AB HASSLE and ASTRA PHARMA INC.
Appellants
(Applicants)
- and -
THE MINISTER OF NATIONAL HEALTH AND WELFARE
and APOTEX INC.
Respondents
(Respondents)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Thursday, March 29, 2001)
EVANS J.A.
We are not persuaded that, in all the circumstances of the case, the Motions Judge committed any reversible error when, in the exercise of her discretion, she dismissed the appeal from the Order of Giles A.S.P. granting Apotex' motion for an extension of time for the completion of cross-examination and for filing its record.
The appeal will be dismissed with costs in any event of the cause.
"John M. Evans"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET: A-717-00
STYLE OF CAUSE: AB HASSLE and ASTRA PHARMA INC.
Appellants
(Applicants)
- and -
THE MINISTER OF NATIONAL HEALTH AND WELFARE and APOTEX INC.
Respondents
(Respondents)
DATE OF HEARING: THURSDAY, MARCH 29, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: EVANS J.A.
Delivered at Toronto, Ontario on Monday, March 26, 2001
APPEARANCES: Gunars A. Gaikis, and
J. Sheldon Hamilton
For the Appellant
Andrew R. Brodkin, and
Julie Perrin
For the Respondent
SOLICITORS OF RECORD: Smart & Biggar
Barristers & Solicitors
438 University Avenue
Suite 1500
Toronto, Ontario
M5G 2K8
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF APPEAL
Date: 20010330
Docket: A-717-00
BETWEEN:
AB HASSLE and ASTRA PHARMA INC.
Appellants
(Applicants)
- and -
THE MINISTER OF NATIONAL HEALTH AND WELFARE and APOTEX INC.
Respondents
(Respondents)
REASONS FOR JUDGMENT OF
THE COURT
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