Date: 20010503
Docket: A-538-00
(T-1321-97)
Neutral citation: 2001 FCA 141
CORAM: STRAYER J.A.
BETWEEN:
APOTEX INC.
Appellant
(Defendant)
- and -
ELI LILLY AND COMPANY
and ELI LILLY CANADA INC.
Respondents
(Plaintiffs)
HEARD at Ottawa, Ontario, on Thursday, May 3, 2001
JUDGMENT delivered from the Bench at Ottawa, Ontario, on Thursday, May 3, 2001
REASONS FOR JUDGMENT OF THE COURT DELIVERED BY: ROTHSTEIN J.A.
Date: 20010503
Docket: A-538-00
(T-1321-97)
Neutral citation: 2001 FCA 141
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
SEXTON J.A.
BETWEEN:
APOTEX INC.
Appellant
(Defendant)
- and -
ELI LILLY AND COMPANY
and ELI LILLY CANADA INC.
Respondents
(Plaintiffs)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario,
on Thursday, May 3, 2001)
[1] On this appeal relating to production of documents and a further and better affidavit of documents from the respondents, we have carefully considered the reasons of Hugessen J. and the submissions of the parties. We are satisfied that Hugessen J. considered and addressed the issues raised before him on the appellant's wide-ranging motion. His reasons indicate that he appreciated the legal principles applicable on such a motion and the relevance or irrelevance of the documents sought to be listed and produced. We have not been persuaded of any error of law in his reasons or that his disposition was incorrect. We will dismiss the appeal with costs.
"Marshall Rothstein"
J.A.