Apotex Inc. v. Eli Lilly Canada Inc., 2021 ONSC 3111
Read full decision. Summary prepared by Alan Macek:
On March 8, 2021, I released Reasons for Judgment in this matter granting a summary judgment motion brought by the defendants, and dismissed the action: Apotex Inc. v. Eli Lilly Canada Inc., 2021 ONSC 1588. ... Lilly has filed material indicating that it has incurred legal fees in defending the proceeding of $1,218,162.26, plus $18,018.21 in disbursements. It seeks costs on an “elevated” or substantial indemnity basis of 70% of the fees – $852,713.58, plus disbursements. Alternatively, it seeks costs on a partial indemnity basis of 60% of the fees - $730,897.35, plus disbursements. The plaintiffs (collectively, “Apotex”) describe Lilly’s demand as “outrageous,” “excessive” and “beyond any reasonable expectation as to what Apotex could have reasonably expected to pay in the present circumstances.” Apotex submits that “a reasonable award of costs would be in the order of $150,000.” I conclude that Lilly is entitled to costs of the action on a partial indemnity basis in the amount $700,000, inclusive of disbursements and taxes.