Hoffmann-La Roche Ltd. v. Canada ( Minister of National Health and Welfare )
T-2806-96
Morneau P.
18/9/97
8 pp.
Motion by respondent Rhodiapharm Inc. under R. 1618 asking Court to award costs on solicitor and client basis-Respondent submitting applicants filed application for judicial review, knowing application entirely frivolous and vexatious in fact and in law-Where application filed for sole purpose of causing economic injury to another party, applicant should be ordered to pay costs in accordance with tariff, even on solicitor and client basis, should application subsequently be discontinued-Discontinuance of application not aggravating or special circumstance-Combined effect of RR. 1616, 1618 to permit party in good faith to withdraw application without having to attend hearing on merits-Both factual and legal justifications for applicants' application of December 20, 1996-Satisfied from procedural documents as whole Rhodiapharm concerned only with suppositories, applicants made "business decision" to withdraw application, since suppository market representing small part of their business-Not plain and obvious applicants filed and withdrew application for frivolous and vexatious reasons-Thus, no special reasons within meaning of R. 1618-Motion dismissed-Federal Court Rules, C.R.C., c. 663, RR. 1616 (as enacted by SOR/92-43, s. 19), 1618 (as enacted idem).