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Ciba-Geigy Canada Ltd. v. Canada ( Patented Medicine Prices Review Board )

A-209-94

MacGuigan J.A.

7/6/94

5 pp.

Appeal from Patented Medicine Prices Review Board's decision refusing appellant's request of disclosure of documents in hands of Board -- Issue effect to be given in non-criminal case to powerful reasons for decision in R. v. Stinchcombe, [1991] 3 S.C.R. 326: in criminal case Crown has legal duty to make total disclosure to defence -- Serious economic consequences for unsuccessful patentee at Patent Act, s. 83 hearing and possible effect on corporation's reputation in market place -- But administrative tribunal herein has economic regulatory functions and no power to affect human rights in way akin to criminal proceedings -- Law and policy requiring that some leeway be given administrative tribunal with economic regulatory functions in pursuing its mandate -- Appeal dismissed -- Patent Act, R.S.C., 1985, c. P-4, s. 83 (as enacted by S.C. 1993, c. 3, s. 7).

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