Digests

Decision Information

Decision Content

PRACTICE

Parties

Intervention

Apotex Inc. v. Canada (Minister of Health)

T-78-03

2004 FC 43, Russell J.

14/1/04

14 pp.

Motion to set aside in part Prothonotary's order dismissing Merck Frosst's (MF) motion for leave to be added as party respondent or, in alternative, leave to intervene in within application--Prothonotary holding third parties such as MF not "directly" affected by review, approval of general drug submission or ANDS by Minister--MF submitted Prothono-tary erred in law in concluding MF not meeting criteria for intervener status--More precisely, MF alleged Prothonotary confused test for intervention with test for granting party status--Test for intervention set out in Federal Court Rules, 1998, r. 109(2)(b)--Fundamental question to be determined whether participation of proposed intervener will assist Court in determining factual or legal issue related to proceedings-- MF wishes to provide perspective on potential Food and Drug Regulations, s. 8 damages issues--Fact decision by Minister in favour of Apotex may eventually permit Apotex to initiate, under Regulations, s. 8 damages claim against MF not meaning damages become aspect of factual or legal issues that will be addressed by Minister in proceedings initiated by Apotex--If this were the case, s. 8 damages would be issue in many such proceedings where Minister called upon to review and consider abbreviated new drug submissions made by generic manufacturers--"Affected by the outcome" not same as showing how "participation will assist the determination of a factual or legal issue related to the proceedings", fundamental consideration under r. 109--Prothonotary followed appropriate approach in analysing request for intervener status--Decision not based upon wrong principle or misapprehension of facts--Motion dismissed--Federal Court Rules, 1998, SOR/98-106, r. 109(2)(b)--Food and Drug Regulations, C.R.C., c. 870.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.