Apotex Inc. v. Sanofi-aventis, 2008 ONCA 724

CITATION: Apotex Inc. v. Sanofi-aventis, 2008 ONCA 724

DATE: 20081023

DOCKET: C48363

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Sharpe J. and Juriansz JJ.A.

BETWEEN:

Apotex Inc. and Apotex Corp.

Plaintiffs (Appellants)

and

Sanofi-aventis, Sanofi-Synthelabo Inc., Bristol-Myers Squibb Company and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership

Defendants (Respondents)

Counsel:

John A. Keefe and Mark Dunn, for the appellants

F. Paul Morrison, Glynnis P. Burt and Jeffrey E. Feiner, for the respondents Sanofi-aventis and Sanofi-Synthelabo Inc.

Alan J. Lenczner, Q.C. and Marguerite Ethier, for the respondents Bristol-Myers Squibb Company and Bristol-Myers Squibb Sanofi Pharmaceuticals Holding Partnership

Heard: October 10, 2008

On appeal from the Order of Justice Wailan Low of the Superior Court of Justice, dated January 14, 2008.

APPEAL BOOK ENDORSEMENT

[1] The motions judge gave cogent and persuasive reasons for concluding that there was no real and substantial connection to support jurisdiction and that in any event jurisdiction should be declined on the ground of forum non conveniens.

[2] We are in substantial agreement with those reasons and we are satisfied that there are no grounds upon which this Court could interfere with the result.

[3] Appeal dismissed. Costs on consent fixed at $15,000 for each respondent.