Digests

Apotex Inc. v. Astrazeneca Canada Inc.

T-1283-02

2003 FCT 149, Dawson J.

12/2/03

10 pp.

Appeal from Prothonotary's order staying proceeding until final disposition of proceeding between same parties before Ontario Superior Court of Justice--Federal Court Act, s. 50(1) governs stays of proceedings--Power to stay should be exercised sparingly and stay will only be ordered in clearest case--To justify stay: (1) defendant must satisfy Court continuance of action would work injustice because oppressive or vexatious or would otherwise be abuse of process; (2) stay must not cause injustice to plaintiff--Burden of proof on defendant--If fundamental jurisdictional reasons for bringing action in both provincial superior court and Federal Court of Canada, stay of Federal Court proceedings not appropriate--Continuance of action would work injustice upon defendant--Oppressive and vexatious to require defendant to litigate same issues, against same party, on same evidence, before two Canadian courts with concurrent jurisdiction over copyright claims, while facing possibility of inconsistent results--Staying proceeding will not cause injustice to plaintiff--Defendant's undertaking to consent to in rem judgment in this Court if unsuccessful in Ontario proceeding dispositive of alleged prejudice that only this Court has jurisdiction to grant in rem relief--Also, defendant precluded by operation of principles of res judicata, issue estoppel or abuse of process from asserting against plaintiff validity of copyright in product monographs--As to suggested loss of juridical advantage, given Supreme Court of Canada's characterization of concerns about differential quality of justice among superior courts of Canada as "lacking foundation", limited right of interlocutory appeal not constituting loss of juridical advantage--Appeal dismissed-- Federal Court Act, R.S.C., 1985, c. F-7, s. 50(1).