- DATE: 20020628 DOCKET: C36098
COURT OF APPEAL FOR ONTARIO
RE:
APOTEX INC. (Appellant (Applicant)) – and – MINISTER OF HEALTH, LIEUTENANT GOVERNOR IN COUNCIL, AND ATTORNEY GENERAL OF ONTARIO (Respondents (Respondents))
AND BETWEEN:
PFIZER CANADA INC. (Respondent (Applicant)) – and – MINISTER OF HEALTH, LIEUTENANT GOVERNOR IN COUNCIL, AND ATTORNEY GENERAL OF ONTARIO (Respondents (Respondents)) – and – APOTEX, INC. (Appellant (Respondent))
BEFORE:
CARTHY, WEILER AND AUSTIN JJ.A.
COUNSEL:
H. Radomski, E. Hore and J. Perrin
For the appellant
Howard Goldblatt
For the Intervener Ontario Pharmacists Association
Dennis W. Brown, Q.C.
For the respondent Attorney General of Ontario
Martin W. Mason and Jennifer Wilkie
For the respondent Pfizer Canada Inc.
HEARD:
January 8 and 9, 2002
RELEASED:
February 13, 2002
On appeal from the judgment of Justice John G.J. O’Driscoll dated December 20, 2000.
P O S T S C R I P T E N D O R S E M E N T
R E C O S T S
[1] We have considered the bill presented by the successful respondent and the response from Apotex. We agree with the submissions of Apotex and assess the bill at $13,661.00.
[2] As to the bill of the Minister of Health, we asked for its submission in our reasons of February 13 and received word on May 1st that it would be submitted by the following week. It has not been received at this date in late June. This court cannot function on the basis of moving cases forward on the time convenience of counsel. We therefore assess the costs of the Minister at $4,000 inclusive of G.S.T.
“J.J. Carthy J.A.”
“K.M. Weiler J.A.”
“Austin J.A.”