Merck Frosst Canada Inc. v. Canada ( Minister of National Health and Welfare )
T-304-96 / T-306-96 / T-386-96
Noël J.
18/2/97
5 pp.
Application for stay of decision granting leave to intervene (T-304-96, T-306-96, T-386-96, MacKay J., order dated 7/2/97, not yet reported) pending hearing of appeal-Minister seeking directions as to whether bound to produce, pursuant to R. 1612 or Court order, copy of specified material requested by intervenors-Intervenors seeking declaration material relevant, ought to be produced by Minister-Application for stay dismissed-Decision granting leave based on proper principle-No irreparable harm to applicants in absence of issuance of stay-Intervenors not entitled to material requested pursuant to either R. 1612 or Court order-Only party can compel production of materials pursuant to R. 1612-Nothing in terms of order granting leave to intervene suggesting intervenors could have access to material-Reasons indicating opposite-Terms of order revealing evidence emanating from Minister and required by intervenors understood to be comprised within materials already produced-Judge's comments in open Court clearly communicating understanding no additional material would be required from Minister-"Proposed participants" having duty to inform Court requiring evidence beyond that already produced by Minister as could have had significant impact on exercise of discretion-As presented, Judge satisfied grant of intervention would not alter timetable set by Associate Chief Justice-Carefully stated understanding of how record would be constituted-Having failed to apprise Judge of position as to insufficiency of materials provided by Minister, intervenors cannot now rely on order to seek production of additional material-Federal Court Rules, C.R.C., c. 663, R. 1612 (as enacted by SOR/92-43, s. 19).