Glaxo Wellcome PLC v. M.N.R.
T-1613-97
McKeown J.
27/11/97
5 pp.
Applicant seeking to examine respondent Minister to obtain names of importers of certain shipments of drug ranitidine hydrochloride into Canada-Applicant, owner of two patents for drug, seeking to identify alleged infringers in order to protect patent-Bill of discovery equitable remedy never before granted by this Court-Recognized as exceptional remedy in jurisdictions where granted-Basic threshold for granting equitable bill of discovery inability of applicant to ascertain desired information through other Court procedures or by own means-Applicant could have pursued refusal of Access to Information Act request under Act, s. 41-Other procedural alternatives including hiring private investigators, exercising right under compulsory licence to require second audit of licensees-Although one of applicant's licensees admitting that in third quarter of 1996, sales understated by almost 3,000 kilograms, applicant not pursuing further audit-Norwich Pharmacal Co v Commissioners of Customs and Excise, [1973] 2 All E.R. 943 (H.L.), upon which applicant placing much reliance, distinguishable because within Court's discretion as Minister not having discretion to make public information received by him-Appropriate principles to be applied by Minister herein set out in Crompton (Alfred) Amusement Machines Ltd. v. Customs and Excise Comrs. (No. 2), [1974] A.C. 405 (H.L.)-Minister performing statutory duty in collecting information-Unlike in Great Britain, Minister person Canadian Parliament designating to decide if information should be released-Minister's decision subject to judicial review-Granting bill of discovery would ignore Parliament's view in this area-Whether Minister properly exercised discretion question for judicial review-Three Canadian cases Johnston and Frank Johnston's Restaurants Limited, Re (1979), 33 Nfld. & P.E.I.R. 333 (P.E.I.S.C.); (1980), 33 Nfld. & P.E.I.R. (P.E.I. C.A.); Leahy v. Dr. A.B. (1992), 113 N.S.R. (2d) 417 (S.C.T.D.); Comeau, Re (1986), 77 N.S.R. (2d) 57 (S.C.T.D.) wherein bill of discovery granted, coming from jurisdictions where pre-action discovery granted by rules-Federal Court Rules, like those of Ontario, B.C., not providing for pre-action discovery-Their test essentially same as English test-Application dismissed.