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Merck Frosst Canada Inc. v. Canada ( Minister of Health )

T-1273-97

Dubé J.

2/7/97

5 pp.

Application for interim injunction directing respondent to revoke or suspend notice of compliance issued to Apotex Inc. for lovastatin-Irreparable harm to be established herein not irreparable harm to public or to patients involved, but irreparable harm to Merck-Interim injunction applied for merely ten-day injunction, not interlocutory injunction lasting up to trial of issue-Applicant Merck must show it will suffer irreparable harm during ten-day period-Not easy criteria to meet-Criteria not met-Threshold of serious issue very low-Threshold of irreparable harm very high-Injunction extraordinary remedy, discretionary-Application denied.

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