Federal Court Decisions

Decision Information

Pfizer Canada Inc. v. Canada (Health)

Court (s) Database Federal Court Decisions
Date 2007-06-18
Neutral citation 2007 FC 650
File numbers T-1232-05

Decision Content

 

 

 

Date: 20070618

Docket: T-1232-05

Citation: 2007 FC 650

Ottawa, Ontario, June 18, 2007

PRESENT:     The Honourable Mr. Justice Phelan

 

 

BETWEEN:

PFIZER CANADA INC.

Applicant

and

 

THE MINISTER OF HEALTH and APOTEX INC.

Respondents

 

and

 

SANOFI-AVENTIS DEUTSCHLAND GmbH

 

Respondent/Patentee

 

SUPPLEMENTAL REASONS TO AMENDED ORDER

 

[1]               At the hearing of this NOC application (an application for an order of prohibition), the Court was asked to provide advance notice to counsel of the timing of its decision.

 

[2]               Subsequent to the NOC hearing, the Respondent brought a motion to dismiss the NOC application, that motion was to be heard on Monday, June 18, 2007. The motion would be redundant if the Court decided to dismiss the Applicant’s NOC application. To accommodate counsel and to prevent an unnecessary hearing, the Court advised counsel on Wednesday, June 13, 2007, that it had decided to dismiss the Applicant’s application and anticipated releasing its reasons shortly. Counsel were asked to inform the Court as to their position regarding the motion to dismiss.

 

[3]               The formal Order and Reasons were released on Friday, June 15, 2007, despite the Applicant filing a Notice of Discontinuance the day before.

 

[4]               The Court’s Order dismissing the application was dated June 15, 2007, despite having been disclosed on June 13, 2007. This was a clerical error as the Order should have been dated June 13, 2007, when counsel were informed of the Court’s disposition. The situation is analogous to an oral judgment (see Baxter Travenol Laboratories of Canada Ltd. v. Cutter (Canada) Ltd., [1983] 2 S.C.R. 388).

 

[5]               Pursuant to Rule 397(2), the Order dismissing the Applicant’s application for a prohibition order will be amended to be effective as of June 13, 2007.

 

 

 

“Michael L. Phelan”

Judge

FEDERAL COURT

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                          T-1232-05

 

STYLE OF CAUSE:                          PFIZER CANADA INC.

 

                                                            and

 

                                                            THE MINISTER OF HEALTH et al

 

 

 

PLACE OF HEARING:                    Toronto, Ontario

 

DATE OF HEARING:                      April 23 and 24, 2007

 

SUPPLEMENTAL REASONS

TO AMENDED ORDER:                Phelan J.

 

DATED:                                             June 18, 2007

 

 

 

 

APPEARANCES:

 

Mr. Peter R. Wilcox

Mr. Andrew Bernstein

Ms. Alisse Houweling

 

FOR THE APPLICANT

 

Mr. Andrew R. Brodkin

Mr. John H. Simpson

 

FOR THE RESPONDENT,

APOTEX INC.

Mr. J. Sheldon Hamilton

FOR THE RESPONDENT/PATENTEE

 

SOLICITORS OF RECORD:

 

TORYS LLP

Barristers & Solicitors

Toronto, Ontario

 

FOR THE APPLICANT

 

MR. JOHN H. SIMS, Q.C.

Deputy Attorney General of Canada

Toronto, Ontario

 

FOR THE RESPONDENT,

THE MINISTER OF HEALTH

GOODMANS LLP

Barristers & Solicitors

Toronto, Ontario

 

FOR THE RESPONDENT,

APOTEX INC.

SMART & BIGGAR

Barristers & Solicitors

Toronto, Ontario

FOR THE RESPONDENT/PATENTEE

 

 

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