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Date: 20000908


Docket: T-2026-99

Toronto, Ontario, Friday the 8th day of September, 2000

PRESENT:      The Honourable Mr. Justice McKeown

BETWEEN:


ASTRA PHARMA INC. and

TAKEDA CHEMICAL INDUSTRIES, LTD


Applicants



- and -





THE MINISTER OF NATIONAL

HEALTH AND WELFARE and APOTEX INC.


Respondents




     ORDER

     Apotex's motion to dismiss the Applicants' application of November 19, 1999, as an abuse of process pursuant to paragraph 6(5)(b) of the Patented Medicines (Notice of Compliance) Regulations is granted. Costs to the Respondent Apotex.

     "W. P. McKeown"

     J.F.C.C.

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