Case information
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22251
Ciba-Geigy Canada Ltd. v. Apotex Inc.
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 1997-08-07 | Appeal closed | |
| 1997-08-07 | Close file on Leave | |
| 1994-07-11 | Correspondence (sent by the Court) to, sent to Court of Appeal for ON (Toronto, ON) enclosing their records | |
| 1994-03-25 | Correspondence (sent by the Court) to, from Smart & Biggar; re: settled on an amount payable in relation to the Bill of Costs | |
| 1994-02-22 | Proof of service, of Bill of Costs, Notice of Appointment and Factual Summary of the Appeal | |
| 1994-02-22 | General proceeding, 1 copy of Factual Summary of the Appeal | Ciba-Geigy Canada Ltd. |
| 1994-02-22 | Notice of appointment to tax the bill of costs | |
| 1993-08-25 | Payment out cheque issued, cheque #2202-8403309 for $567.98 dated Aug. 24/93 paid out to Ciba-Geigy Canada Ltd. and sent to Smart & Biggar, Ottawa | |
| 1993-08-19 | Approved order for payment out, to be sent to Smart & Biggar (Ottawa)., with service | |
| 1993-07-02 |
Judgment on the appeal rendered, (RE-HEARING ON THE ISSUE OF COSTS ONLY) (heard in chambers) varying the judgment dated October 29, 1992 to read "appeal is allowed with costs in this Court and the courts below", LaF L'HD G Ia Ma Allowed, costs in this Court and courts below |
|
| 1993-07-02 | Hearing of the appeal, 1993-07-02, (RE-HEARING ON THE ISSUE OF COSTS ONLY) (heard in chambers) varying the judgment dated October 29, 1992 to read "appeal is allowed with costs in this Court and the courts below", LaF L'HD G Ia Ma | |
| 1993-05-27 | Correspondence (sent by the Court) to, sent to Smart & Biggar (Toronto, ON) c.c. Brian Isaac (Smart & Biggar) re: the Court is ready to deal with the issue of costs. | |
| 1993-05-27 | Correspondence (sent by the Court) to, sent to Malcolm Johnston & Associates (Toronto, ON) c.c. James O'Grady (O'Grady & Young) re: the Court is ready to deal with the issue of costs | |
| 1993-05-27 | Correspondence received from, sent to Goodman & Goodman (Toronto, ON) by Fax re: the Court is ready to deal with the issue of costs | |
| 1993-05-21 | Appeal hearing scheduled, 1993-07-02, (RE-HEARING ON THE ISSUE OF COSTS ONLY) returnable 26-04-93 | |
| 1993-05-21 | Order on the motion for a re-hearing of the appeal | |
| 1993-05-21 | Decision on the motion for a re-hearing of the appeal | |
| 1993-05-06 | Response to the motion for a re-hearing of the appeal, 10 copies sent to LaF L'HD G I, May 10/93, with service | Apotex Inc. |
| 1993-04-26 | Motion for a re-hearing of the appeal, on the issue of COSTS; 10 copies sent to LaF L'HD G I, April 27/93, with service | Ciba-Geigy Canada Ltd. |
| 1993-04-26 | Motion to extend time, to bring the motion for costs; 10 copies sent to LaF L'HD G I, April 27/93, with service | Ciba-Geigy Canada Ltd. |
| 1993-04-26 | All material on motion for a re-hearing of the appeal submitted to Justices, LaF, L'HD, G, I, | |
| 1992-11-23 | Formal judgment sent to the registrar of the court of appeal and all parties, Ontario (Toronto) | |
| 1992-11-23 | Copy of formal judgment being prepared, Smart & Biggar (Ottawa,ON) | |
| 1992-11-23 | Copy of formal judgment being prepared, Nelligan, Power (Ottawa,ON) | |
| 1992-10-29 | Notice of deposit of judgment sent to all parties, Smart & Biggar (Ottawa,ON) | |
| 1992-10-29 | Notice of deposit of judgment sent to all parties, Nelligan, Power (Ottawa,ON) | |
| 1992-10-29 |
Judgment on the appeal rendered, LaF L'HD G St Ia, The motion of the appellant dated April 22, 1993 is granted. The judgment dated October 29, 1992 is varied to read as follows: The appeals are allowed with costs in this Court and in the courts below. The second paragraph of the disposition in the judgment rendered by Fitzpatrick J. is replaced by the following paragraph: 2. THIS COURT ORDERS that with respect to the marketing of prescription drugs, a plaintiff in an action for the alleged passing off of a prescription drug must establish that the conduct complained of is likely to result in the confusion of physicians, pharmacists or patients/customers in choosing whether to prescribe, dispense or request either the plaintiff's or the defendant's product. Allowed, with costs |
|
| 1992-10-14 | Correspondence (sent by the Court) to, (by fax) from Goodmand & Goodman; re: consents to a judgment being rendered by four Justices (Original filed 1992/10/19) (joint with 22252) | |
| 1992-10-07 | Correspondence (sent by the Court) to, from Smart & Biggar; re: consents to accept a decision of a four judge bench | |
| 1992-04-21 |
General proceeding, transcripts received and distributed to the justices (111 pages) < |
|
| 1992-03-27 |
Hearing of the appeal, 1992-03-27, LaF L'HD G St Ia Decision reserved |
|
| 1992-03-16 | Service, copy of JOINT book of authorities (joint with 22252) | |
| 1992-03-13 | Book of authorities, 10 copies (joint with 22252) | Ciba-Geigy Canada Ltd. |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Nelligan, Power; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-30 | Correspondence (sent by the Court) to, sent to Smart & Biggar; re: list of appeals inscribed for hearing by this Court during the January 1992 session and the Court's agenda for the session. | |
| 1992-01-23 |
Appeal hearing scheduled, 1992-03-27 Decision reserved |
|
| 1992-01-23 | Notice of hearing, With service | Ciba-Geigy Canada Ltd. |
| 1992-01-07 | Respondent's factum, 25 copies (24 copies returned for correction and returned from Jan. 10, 1992), with service | Apotex Inc. |
| 1991-12-10 | Appeal perfected for hearing, Session beginning on 1992-01-27, 2 copies | |
| 1991-12-10 | Service, of factum; statutes and regulations; Ontario Drug Benefit Act, 1986; and Prescription Drug Cost Regulation Act, 1986, with service | |
| 1991-12-09 | General proceeding, 10 copies of Prescription Drug Cost Regulation Act, 1986 | Ciba-Geigy Canada Ltd. |
| 1991-12-09 | Book of authorities, 10 copies (Statutes and Regulations) | Ciba-Geigy Canada Ltd. |
| 1991-12-09 | Appellant's factum, 21 copies | Ciba-Geigy Canada Ltd. |
| 1991-11-22 | Certified casebook, With service | Ciba-Geigy Canada Ltd. |
| 1991-11-19 | Case on appeal, 21 copies | Ciba-Geigy Canada Ltd. |
| 1991-11-15 | Trial court record, 1 accordion file (joint with 22252) | |
| 1991-10-03 | Order granting leave to appeal, With service | |
| 1991-07-29 | Appeal court record, 1 accordion file (4 copies of Appeal book) (joint with 22252) | |
| 1991-05-31 | Notice of appeal, 5 copies, with service | Ciba-Geigy Canada Ltd. |
| 1991-05-31 | $500 security deposit paid, direction #2193 | Ciba-Geigy Canada Ltd. |
| 1991-05-17 | Close file on Leave | |
| 1991-05-16 | Notice of deposit of judgment issued to all parties, Fasken, Campbell, Godfrey (Toronto,ON) | |
| 1991-05-16 | Notice of deposit of judgment issued to all parties, Smart & Biggar (Toornto,ON) | |
| 1991-05-16 |
Judgment of the Court on the application for leave to appeal, L'HD G Ia, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1991-05-16 | Hearing of the application for leave to appeal, 1991-05-16, L'HD G Ia | |
| 1991-05-16 | All materials on application for leave submitted to the Judges, 1991-05-16, L'HD G Ia | |
| 1991-03-05 | All materials on application for leave submitted to the Judges, L'HD G I | |
| 1991-02-17 | Correspondence (sent by the Court) to, (by fax) from John R. Morrissey; re: schedule for the hearing of the appeal | |
| 1991-01-08 | Book of authorities, 5 copies (joint with 22252), with service | Apotex Inc. |
| 1991-01-08 | Respondent's response on the application for leave to appeal, 5 copies (joint with 22252), with service | Apotex Inc. |
| 1990-12-20 | Correspondence received from, from James D. Kokonis, re: leave to be referred together 22251-22252 | Ciba-Geigy Canada Ltd. |
| 1990-12-20 | Book of authorities, 5 copies (joint with 22252), with service | Ciba-Geigy Canada Ltd. |
| 1990-12-20 | $30.00 filing fee, receipt #18835 | Ciba-Geigy Canada Ltd. |
| 1990-12-20 | Application for leave to appeal, 5 copies, with service, Completed on: 1990-12-20 | Ciba-Geigy Canada Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Ciba-Geigy Canada Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Apotex Inc. | Respondent | Active |
Counsel
Party: Ciba-Geigy Canada Ltd.
Counsel
900 - 55 METCALFE ST
PO BOX 2999 STN D
OTTAWA, Ontario
K1P 5Y6
Telephone: (613) 232-2486
Agent
900 - 55 Metcalfe St
Box 2999 Stn D
Ottawa, Ontario
K1P 5Y6
Telephone: (613) 232-2486
FAX: (613) 232-8440
Party: Apotex Inc.
Counsel
2400 - 250 Yonge St
Toronto, Ontario
M5B 2M6
Telephone: (416) 979-2211
FAX: (416) 979-1234
Agent
1900 - 66 Slater St
Ottawa, Ontario
K1P 5H1
Telephone: (613) 238-8080
FAX: (613) 238-2098
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
None.
Lower court rulings
Supreme Court of Ontario
12278/86
Motion for summary judgment dismissed and question of law determined
Court of Appeal for Ontario
239/89
Appeal dismissed (See file)
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available