Date: 20030512
Docket: A-704-02
Neutral citation: 2003 FCA 221
CORAM: STONE J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
APOTEX INC.
Appellant
(Defendant)
and
RICHTER GEDEON VEGYESZETI GYAR RT
Respondent
Heard at Toronto, Ontario, on May 12th, 2003.
Judgment delivered from the Bench at Toronto, Ontario, on May 12th, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20030512
Docket: A-704-02
Neutral citation: 2003 FCA 221
CORAM: STONE J.A.
EVANS J.A.
SHARLOW J.A.
BETWEEN:
APOTEX INC.
Appellant
(Defendant)
and
RICHTER GEDEON VEGYESZETI GYAR RT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on May 12, 2003)
SHARLOW J.A.
[1] We are all of the view that this appeal should be dismissed with costs.
[2] We agree with the appellant that the doctrine of res judicata may apply to interlocutory decisions in certain circumstances. However, the Motions Judge concluded that this is not such a case because the material submitted in support of the second motion, which was not previously available, was sufficiently different from the material submitted in support of the first motion. The Appellant has not satisfied us that there is any error in that conclusion that warrants the intervention of this Court.
"Karen R. Sharlow"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-704-02
STYLE OF CAUSE: APOTEX INC.
Appellant
(Defendant)
-and-
RICHTER GEDEON VEGYESZETI GYAR RT
Respondent
DATE OF HEARING: MAY 12, 2003
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT BY: SHARLOW J.A.
DATED: MAY 12, 2003
APPEARANCES BY: Andrew R. Brodkin
For the Appellant
Ronald E. Dimock and
Bill Chan
For the Respondent
SOLICITORS OF RECORD: Goodmans LLP
Toronto, Ontario
For the Appellant
Dimock Stratton Clarizio LLP
Toronto, Ontario
For the Respondent
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