AB Hassle v. Canada ( Minister of National Health and Welfare )
T-2241-93
Richard J.
6/6/95
12 pp.
Application for order prohibiting Minister from issuing notice of compliance (NOC) to respondent company until expiration of applicant's patent -- Respondent company withdrawing notice of allegation following testimony to effect legal and factual basis for notice inconsistent, contradictory and failing to disclose necessary information -- Respondent company not however withdrawing submission for NOC for new drug (submission)-Respondent company claiming: (1) Court without jurisdiction to grant order of prohibition as patent no longer subject of any allegations; and (2) notice of allegation not within Court's jurisdiction as notice not filed with Court but rather with Minister and with plaintiff -- Court having jurisdiction to consider application for order of prohibition against issuance of NOC based on respondent company's submission to Minister which has not been withdrawn -- In absence of withdrawal of allegations contained in submission, applicant entitled to have application heard and disposed of -- Court may assume respondent company's allegation not justified if notice of it withdrawn; open to Court to interpret withdrawal of allegation but not of submission as admission by respondent company none of its allegations included in submission to Minister justified -- Application for prohibition allowed: Minister prohibited from issuing NOC until after respondent company filing new submissions and complying with Regulations, ss. 5 and 6 or until after expiration of patent -- Circumstances warranting costs to applicants on solicitor-client basis -- Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, ss. 5, 6.