Court of Appeal for Ontario

Date: 2018-05-17 Docket: C63578 and C63585

Judges: Strathy C.J.O., Juriansz and Huscroft JJ.A.

Between

Apotex Inc. Plaintiff (Respondent)

and

Abbott Laboratories Limited, Takeda Pharmaceuticals Company Limited and Takeda Pharmaceuticals America Inc. Defendants (Appellants)

And Between

Abbott Laboratories Limited, Takeda Pharmaceuticals Company Limited and Takeda Pharmaceuticals America Inc. Plaintiffs by counterclaim (Appellants)

and

Apotex Inc. Defendant by counterclaim (Respondent)

Counsel

Steven G. Mason and David A. Tait for the appellant Abbott Laboratories Ltd.

Christopher C. Van Barr and Kiernan Murphy for the appellant Takeda parties

Andrew R. Brodkin and Michael A. Wilson for the respondent

Heard: December 6, 2017

On appeal from: The order of Justice Michael G. Quigley of the Superior Court of Justice, dated June 5, 2017, with reasons reported at 2017 ONSC 1348.

Costs Endorsement

[1] The parties made written submissions on costs.

[2] In our view, this is not an appropriate case for costs in the cause.

[3] Apotex is entitled to costs on a partial indemnity basis, fixed in the amount of $15,000 from Takeda and $25,000 from Abbott, both amounts inclusive of disbursements and HST.

"G.R. Strathy C.J.O."

"R.G. Juriansz J.A."

"Grant Huscroft J.A."