Glaxo Wellcome Inc. v. Canada ( Minister of National Health and Welfare )
T-793-96
Morneau P.
6/9/96
9 pp.
Certain documents and arguments in respondent's application record-Applicants filing application for judicial review prohibiting Minister of National Health and Welfare from issuing notice of compliance to respondent until after expiry of four patents-Proceedings substantially similar and in respect of three of same patents commenced earlier and disposed of by order-Respondent seeking to include copies of pleadings and order from earlier proceeding in application record-Applications for judicial review governed by R. 1600 et seq. and not providing for striking out of applications-Neither R. 419, striking out in context of action, nor any rule of procedure under provincial law apply to striking out judicial review application or parts thereof-Inherent jurisdiction in Court to strike out judicial review applications in cases where clearly improper and bereft of any possibility of success-Such cases very exceptional-Applications for judicial review must follow summary procedure and be heard expeditiously-Situation here not exceptional-Applicants may address problems with application record in supplementary application record-Motion dismissed-Federal Court Rules, C.R.C., c. 663, RR. 419, 1600 (as enacted by SOR/92-43, s. 19).