PRACTICE |
Parties |
H. Lundbeck A/S v. Canada (Minister of Health)
T-2112-02
2003 FC 1030, Blais J.
4/9/03
8 pp.
Motion for order that within application and application in Court file No. T-122-02 be set down for hearing at same time, on same date, and before same hearing Judge, to be dealt with at discretion of hearing Judge and alternatively, order that within application be set down for hearing on October 21 and 22, 2003 during hearing scheduled for Court file No. T-135-02--If parties in cases T-122-02 and T-1652-02 already need two days to present their case to Court on September 16 and 17, 2003 and this case heard at same time, consolidation of all these hearings would require three days--Moreover, parties in other files have requested to be added to other parties, for same reasons--One such request denied because not sufficient time at hearing to add another party to proceedings--Counsel for applicants suggested there would simply not be enough time to hear all matters--Since hearing scheduled for two days, applicants and Genpharm would have to reduce their time and share with other parties time provided to them one year ago--Consolidation might have been right thing to do six months or even one year ago--Consolidation should have been done before cross-examination of experts and would have allowed parties and Court, through hearing conferences to clearly identify, common legal and factual issues in each proceeding--Now too late for that and obvious time that has been set aside for hearing on September 16 and 17, 2003 cannot allow more than applications in Court file No. T-122-02 and T-1652-02 to proceed--Possibility different judges render different decisions and discrepancies between those decisions has not been demonstrated in the circumstances--Not reasonable to add more to what already scheduled at this stage--Harm that would be suffered by parties involved in Court files No. T-122-02 and T-1652-02 would not compensated by any benefits for other side-- Motion for consolidation dismissed.