Pharmacia Inc. v. Canada ( Minister of National Health and Welfare )
T-2991-93
Wetston J.
13/10/95
6 pp.
Application for costs on solicitor-and-client basis pursuant to RR. 1618, 344 after application to prohibit Minister from issuing notice of compliance pursuant to Patented Medicines (Notice of Compliance) (PMNOC) Regulations dismissed-R. 1618 providing no costs payable in respect of application for judicial review unless Court for special reasons so orders-R. 1618 governing award of costs in proceedings brought pursuant to PMNOC Regulations-Applications for prohibition under PMNOC Regulations governed by Federal Court Rules, Part V.1: Bayer AG v. Canada (Minister of National Health and Welfare) (1993), 51 C.P.R. (3d) 329 (F.C.A.)-"Special reasons" must be demonstrated before discretion to award costs exercised-Proceedings unusual in that Parliament "grafted" matter of private commercial rights onto public regulatory scheme-Proceeding judicial review in name only-Not special reasons simply because case complex, or litigation difficult-Newness of PMNOC Regulations not necessarily precluding award of costs-Essentially private dispute where Court, rather than marketplace, battleground-Party-and-party costs awarded-Federal Court Rules, C.R.C., c. 663, RR. 344 (as am. by SOR/87-221, s. 2), 1618 (as am. by SOR/92-43, s. 19)-Patented Medicines (Notice of Compliance) Regulations, SOR/93-133.