Eli Lilly and Co. v. Apotex Inc.

Eli Lilly and Co. v. Apotex Inc.

The appeal is dismissed because the plaintiffs failed to show the Prothonotary's decision was clearly wrong or constituted the clearest case of misuse of judicial discretion; therefore the court will not substitute its own discretion or conduct a de novo review and the Prothonotary's decision stands.

Citation
2003 FC 1315
Parties
Plaintiff; Defendant by Counterclaim: ELI LILLY AND COMPANY; Plaintiff; Defendant by Counterclaim: ELI LILLY CANADA INC.; Defendant; Plaintiff by Counterclaim: APOTEX INC.; Defendant by Counterclaim: SHIONOGI & CO. LTD.
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 November 2003
Procedural Posture
Appeal From Prothonotary Interlocutory Decision / Interlocutory Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
Amendment of Statement of Claim, Standard of Review, Misuse of Judicial Discretion, Interlocutory Appeal
Source Language
English
Civil Procedure Appellate Review Case Management Amendment of Statement of Claim Standard of Review Misuse of Judicial Discretion Interlocutory Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

ELI LILLY AND COMPANY

Plaintiff; Defendant by Counterclaim

ELI LILLY CANADA INC.

Plaintiff; Defendant by Counterclaim

APOTEX INC.

Defendant; Plaintiff by Counterclaim

SHIONOGI & CO. LTD.

Defendant by Counterclaim

Procedural Posture

Appeal From Prothonotary Interlocutory Decision / Interlocutory Appeal

Legal Issues

  1. 1 Whether the Prothonotary erred in refusing permission to amend the Statement of Claim
  2. 2 Whether the appellate court should conduct a de novo review or defer to the Prothonotary's discretion
  3. 3 Whether the appellants met the heavy burden to show the decision was clearly wrong or the clearest case of misuse of discretion

Ratio Decidendi

The appeal is dismissed because the plaintiffs failed to show the Prothonotary's decision was clearly wrong or constituted the clearest case of misuse of judicial discretion; therefore the court will not substitute its own discretion or conduct a de novo review and the Prothonotary's decision stands.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.