PATENTS
Practice
Motions Judge staying effect of Notice of Compliance (NOC) pending hearing of judicial review application—Effectively finding Minister acting improperly in issuing NOC—Usurping role of Judge who will hear judicial review application—Motions Judge not entitled to issue stay on basis only Minister improperly issued NOC where arguably had legal obligation to do so—Because motions Judge found Sanofi-Aventis Canada Inc. failed to show irreparable harm, no other basis on which stay could have been granted—Motions Judge erred in issuing stay—Appeal allowed.
Sanofi-Aventis Canada Inc. v. Apotex Inc. (A-1-07, 2007 FCA 71, Sexton J.A., judgment dated 12/2/07, 4 pp.)
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.