Merck Frosst Canada Inc. v. Canada ( Minister of National Health and Welfare )
T-1306-93
Richard J.
17/11/94
7 pp.
Motions regarding content of application record for order prohibiting Minister from issuing notice of compliance for medicine norfloxacin until expiration of Canadian patents-Respondent seeking to have Court interlocutory orders and applicant's notices of motion and affidavits in support of interlocutory relief, including reference to this material, struck from applicant's application record pursuant to Rule 1606(2)-Applicants seeking leave to include interlocutory orders, notice of change of solicitor, notice of appeal, notices of motion and supporting affidavits pursuant to R. 1619(1)-In enumerating required contents of application record, R. 1606(2) not prohibiting other documents on Court file from being included in application record of either party-Application record serving to define issues and narrow focus of application; not merely collation of all material filed with Court-Applicants at liberty to include interlocutory orders of Court in proceeding, notice of change of solicitor and notice of appeal, in addition to notices of motion on such interlocutory motions-Affidavits in support of interlocutory motions not included in application record as they speak to issues which have been disposed of by order of Court-Federal Court Rules, C.R.C., c. 663, RR. 1606(2) (as enacted by SOR/92-43, s. 19), 1619(1) (as enacted idem).