Date: 20030506
Docket: A-569-02
Citation: 2003 FCA 209
CORAM: STONE J.A.
SEXTON J.A.
SHARLOW J.A.
BETWEEN:
GLAXOSMITHKLINE INC.
Appellant
(Respondent)
and
APOTEX INC.
Respondent
Applicant
and
THE MINISTER OF HEALTH
Respondent
(Respondent)
Heard at Ottawa, Ontario, on May 6, 2003.
Judgment delivered from the Bench at Ottawa, Ontario, on May 6, 2003.
REASONS FOR JUDGMENT BY: SEXTON J.A.
[1] While we do not agree with the proposition advanced by the respondents that one co-respondent can never be allowed to cross-examine another co-respondent, pursuant to Rule 83 we are of the view, that in this case, the appellant has failed to show that there is any adverse interest as between the appellant and the Minister of Health so as to constitute the Minister of Health an adverse party in the proceeding. The appeal will be dismissed with costs to both respondents.
"J. EDGAR SEXTON"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-569-02
APPEAL FROM AN ORDER OF THE TRIAL DIVISION DATED SEPTEMBER 30, 2002, TRIAL DIVISION FILE NO. T-2288-01
STYLE OF CAUSE: GLAXOSMITHKLINE INC. v. APOTEX INC. ET AL.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: May 6, 2003
REASONS FOR JUDGMENT OF THE COURT(Stone, Sexton, Sharlow JJ.A.)
RENDERED FROM THE BENCH BY: Sexton, J.A.
APPEARANCES:
Mr. James E. Mills
Mr. Julian Worsley for the Appellant
Ms. Julie Perrin for the Respondent, Apotex Inc.
Mr. F.B. (Rick) Woyiwada for the Respondent, The Minister of Health
SOLICITORS OF RECORD:
Gowling Lafleur Henderson LLP for the Appellant
Ottawa, Ontario
Goodmans LLP for the Respondent, Apotex Inc.
Toronto, Ontario
Mr. Morris Rosenberg for the Respondent, The Minister of
Deputy Attorney General of Canada Health
Ottawa, Ontario
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