Bristol-Myers Squibb Canada Inc. v. Apotex Inc.

Bristol-Myers Squibb Canada Inc. v. Apotex Inc.

The motions judge reasonably concluded there was a genuine issue for trial and law permitting, exercised his discretion under Rule 216(2)(b) appropriately; the appeal is dismissed.

Citation
2004 FCA 43
Parties
Appellant/defendant: Bristol-Myers Squibb Canada Inc.; Respondent/plaintiff: Apotex Inc.; Respondent/defendant: Her Majesty the Queen; Respondent/defendant: Bristol-Myers Squibb Company
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
27 January 2004
Procedural Posture
Appeal / Appeal From Motion for Summary Judgment (rule 216(2)(b))
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Discretion of Motions Judge, Genuine Issue for Trial
Source Language
English
Civil Procedure Appellate Law Summary Judgment Discretion of Motions Judge Genuine Issue for Trial

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bristol-Myers Squibb Canada Inc.

Appellant/defendant

Apotex Inc.

Respondent/plaintiff

Her Majesty the Queen

Respondent/defendant

Bristol-Myers Squibb Company

Respondent/defendant

Procedural Posture

Appeal / Appeal From Motion for Summary Judgment (rule 216(2)(b))

Legal Issues

  1. 1 Whether there was a genuine issue for trial
  2. 2 Whether the motions judge abused his discretion under Rule 216(2)(b) in refusing summary judgment

Ratio Decidendi

The motions judge reasonably concluded there was a genuine issue for trial and law permitting, exercised his discretion under Rule 216(2)(b) appropriately; the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Party-party costs fixed at $10,000 inclusive of G.S.T. and disbursements