Date: 19980422
Docket: T-1713-95
BETWEEN:
PFIZER CANADA INC. and
PFIZER CORPORATION
Applicants
- and -
NU-PHARM INC. and
THE MINISTER OF NATIONAL HEALTH AND WELFARE
Respondents
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
It is my finding that the order of Mr. Justice Richard releasing documents from the confidentiality order of Mr. Justice Rouleau did not apply to those documents which were the subject of the order of Mr. Justice McKeown to produce the sealed Nu-Pharm NDS for the use of the motions Judge on the motion to determine its compellability (I know that certain portions of the NDS were otherwise made available).
It is my view that the Nu-Pharm NDS should not have been opened by the Registry and should have remained sealed. However the Nu-Pharm NDS was made public and it is now too late to seal it up again. Those copies remaining in the Registry are to be returned to the Minister.
However, even though the contents of the 1993 NDS are now known to counsel, that is not to say that counsel is free to use those parts which were not public prior to the release by the Registry. Whether or not those documents may be used at the hearing would probably be a matter for the Judge disposing of the originating motion should they come before him.
I note that the NDS or selected parts of it have been made part of the applicant's record. Those inclusions are not justified as they have not been exhibited to an affidavit filed as required by Rule 1603.
ORDER
Those parts of the New Drug Submission filed in the applicant's record which are not exhibited to an affidavit filed in this motion are ordered struck out. The Registry is instructed to remove the same and send them to respondent's counsel who shall return to the Minister those which have not been made available other than by opening the envelope ordered sealed by Mr. Justice McKeown.
Costs in the cause.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
April 22, 1998
FEDERAL COURT OF CANADA
Date: 19980422
Docket: T-1713-95
BETWEEN:
PFIZER CANADA INC. and
PFIZER CORPORATION
Applicants
- and -
NU-PHARM INC. and THE MINISTER OF NATIONAL HEALTH AND WELFARE
Respondents
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: T-1713-95 |
| STYLE OF CAUSE: PFIZER CANADA INC. and |
| PFIZER CORPORATION |
-and-
| NU-PHARM INC. and THE MINISTER OF |
| NATIONAL HEALTH AND WELFARE |
DATE OF HEARING: APRIL 20, 1998
| PLACE OF HEARING: TORONTO, ONTARIO |
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: APRIL 22, 1998
APPEARANCES: Mr. Anthony Creber
For the Applicants
Mr. Richard Naiberg
For the Respondent
| (Nu-Pharm Inc.) |
Page 2
SOLICITORS OF RECORD: Mr. Anthony Creber
GOWLINGS, STRATHY AND
| HENDERSON |
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
For the Applicants
Mr. H.B. Radomski
Mr. Richard Naiberg
GOODMAN PHILLIPS & VINEBERG
Barristers and Solicitors
250 Yonge Street
Suite 2400
Toronto, Ontario
M5B 2M6
For the Respondent
(Nu-Pharm Inc.)
Mr. George Thomson
Deputy Attorney General
of Canada
For the Respondent
(The Minister of National
Health and Welfare)