PATENTS
Practice
Motion for stay of Minister of Health’s decision granting notice of compliance (NOC) to Apotex Inc. pending judicial review of that decision—NOC granted in light of AstraZeneca Canada Inc. v. Canada (Minister of Health), 2006 SCC 49, despite Sanofi-Aventis Canada Inc.’s pending application for order prohibiting Minister from issuing NOC—As party to prohibition proceedings, Minister could not unilaterally take steps rendering litigation superfluous—Minister in effect usurping functions of Court—This serious lack of respect for Court, non-observance of legislative stay provided for in Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 warranting stay be issued—Motion granted.
Sanofi-Aventis Canada Inc. v. Canada (Minister of Health) (T-2196-06, 2006 FC 1559, von Finckenstein J., order dated 29/12/06, 19 pp.)