PRACTICE |
Stay of Proceedings |
Bristol-Myers Squibb Canada Inc. v. Canada (Attorney General)
T-1768-00
Blanchard J.
16/11/00
7 pp.
Motion to stay decision of Minister of Health to delist Canadian Patent 1,198,436 pending disposition of application for judicial review--Test for considering whether to grant stay of proceedings similar to that for interlocutory injunction--Threshold to establish serious issue rather low--Serious issue to be tried, based on facts before Court, and since Minister of Health initially allowed notice of compliance to applicant--Requirements of second stage of test, namely that of irreparable harm, also met--Issue before Court not one of seeking right outside or or in addition to regulatory scheme--Present case not based on private law but public law--Therefore issue of quantification for damages not relevant--Irreparable harm must be considered on basis of its nature--Patent currently on Register--Not allowing stay would deprive applicant of procedural benefit of regulatory scheme provided for by Parliament--No factual evidence to support patentee asking for anything more than procedural benefit provided by regulatory scheme--436 patent already listed on Register--Minister agreed status quo be maintained until issue for interim relief resolved--Balance of convenience favouring applicant--Applicant determined to act promptly since in constant communication with respondent, Minister of Health--Motion allowed.