, 2009 FCA 27 (Lovastatin*)
Justice Nadon; Justice Pelletier; Justice Noël - 2009-01-30
Read full decision. Automatically generated summary:
This is an appeal by Merck & Co., Inc. and Merck Frosst Canada Ltd. (collectively Merck) from an order of Justice O'Keefe (the Federal Court Judge), wherein he reversed the order of Prothonotary Aronovitch (the Prothonotary), denying Apotex Inc. and Apotex Fermentation Inc.'s (collectively Apotex) motion to compel answers to four related questions which were asked during the second round of examination for discovery of Merck's representative. The Federal Court Judge found that there had been an implied waiver of privilege and that Merck's representative was required to answer the questions.
Decision relates to:
- A-529-08 - MERCK & CO. INC. ET AL v. APOTEX INC. ET AL which is an appeal from 2008 FC 1121 in T-1272-97