Date: 19981007
Docket: T-1471-98
BETWEEN:
HOFFMANN-LA ROCHE LIMITED and SYNTEX
PHARMACEUTICALS INTERNATIONAL LIMITED
Applicants
- and -
THE MINISTER OF NATIONAL HEALTH AND
WELFARE and APOTEX INC.
Respondents
REASONS FOR ORDER
LUTFY J.:
[1] There is affidavit evidence, reinforced through cross-examination, to warrant the issuance of the protective order sought by the respondent Apotex Inc. I adopt the rationale set out by my colleague MacKay J. in Apotex Inc. v. Wellcome Foundation Ltd. (1993), 51 C.P.R. (3d) 305 at 311-12. The applicants" submissions may be relevant on a motion to declassify a document filed under the protective order. These submissions, however, are premature at this stage of the proceedings. Finally, counsel for the applicants cited no authority that the Apotex notice of allegation need refer to its intention to seek a protective order.
[2] In giving effect to the schedule proposed by Apotex for the filing of the parties" affidavits: Merck Frosst Canada Inc. v. Canada (Minister of Health), [1998] F.C.J. No. 961 (QL) (F.C.A.), I have not considered the merits of the applicants" representations concerning Rule 312(a ).
[3] Pursuant to Rule 3 and Rule 400, the applicants shall pay forthwith to Apotex the sum of $2,000 as costs of this motion.
Judge
Ottawa, Ontario
October 7, 1998
Email this Content