Date: 20001110
Docket: T-2582-93
BETWEEN:
CIBA-GEIGY CANADA LTD.
Plaintiff
-and-
NOVOPHARM LIMITED
Defendant
REASONS FOR ORDER AND ORDER
GILES A.S.P.
[1] The Plaintiff named in the style of cause having amalgamated with other companies into a continuing company and the continuing company having changed its name to Novartis Pharmaceuticals Canada Inc. the solicitor for the continuing company seeks to substitute its name for that of the Plaintiff named in the style of cause.
[2] The Defendant seeks to amend the style by showing as Plaintiff the continuing company formerly known as the original Plaintiff. While the Plaintiff continues in the continuing company, it is incorrect to state that the continuing company was formerly known as the named Plaintiff.
[3] The continuing company was formerly not known or if known, was known by the names of each of its constituent parties not any one of them. The statute under which the company exists and the cases vest the continuing company with the assets and liabilities of the predecessor companies. I see no need to make reference to the constating precursors of the Plaintiff in the style of cause.
ORDER
[4] The style of cause herein is altered to read:
NOVARTIS PHARMACEUTICALS CANADA INC.
Plaintiff
- and -
NOVOPHARM LIMITED
Defendant
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
November 10, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: T-2582-93 |
| STYLE OF CAUSE: CIBA-GEIGY CANADA LTD. |
Plaintiff
| - and - |
| NOVOPHARM LIMITED |
Defendant
MATTER CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER
| AND ORDER BY: GILES A.S.P. |
DATED: FRIDAY, NOVEMBER 10, 2000
| WRITTEN SUBMISSIONS: Gunars A. Gaikis |
Mark G. Biernacki
| For the Plaintiff |
| Warren Sprigings |
John Bujan
| For the Defendant |
| SOLICITORS OF RECORD SMART & BIGGAR |
Barristers and Solicitors
438 University Avenue
Suite 1500
Toronto, Ontario
M5G 2K8
| For the Plaintiff |
| HITCHMAN & SPRIGINGS |
| Barristers and Solicitors |
80 Richmond Street, Suite 1200
Toronto, Ontario
M5H 2A5
| For the Defendant |
FEDERAL COURT OF CANADA
Date: 20001110
Docket: T-2582-93
Between:
| CIBA-GEIGY CANADA LTD. |
Plaintiff
| - and - |
| NOVOPHARM LIMITED |
Defendant
| REASONS FOR ORDER |
| AND ORDER |