Date: 20010423
Docket: T-315-01
Neutral citation: 2001 FCT 375
BETWEEN:
NU-PHARM INC.
Applicant
-and-
ATTORNEY GENERAL OF CANADA
and THE MINISTER OF HEALTH
Respondents
REASONS FOR ORDER
GILES A.S.P.
[1] A motion before me in writing sought a timetable and I had dictated my Order therein last week but before signing my Order with respect to this motion, a letter from counsel for Merck & Co., Inc. and Merck Frosst Canada & Co. ("the Merck Companies") dated April 18th, 2001 was drawn to my attention.
[2] The Merck Companies are not parties but they have moved the Court to be added as parties and request that no decision be made on this motion until a decision has been made on their motion to be added and if added, they have an opportunity to make representations as to a timetable.
[3] The motion before me in effect sought first, extensions of the times prescribed in the Rules for completion of the various steps. Secondly, the Applicant sought to be allowed to "jump the line" for a hearing date by being allowed to apply for a hearing date before the records were served or even cross-examinations completed.
[4] When a party is added to a proceeding, some adjustment to prescribed timetables is usually required. Most frequently, these time limits have to be extended. If the Merck Companies were to be added, an adjustment to any timetable set by the Rules or an order of the Court might have to be made. If the Merck Companies were not added, the parties would have been denied extensions of time unnecessarily and have had to rush matters forward. I was therefore not inclined to refuse the extensions of time at this time.
[5] With regard to the request to "jump the gun", if the Merck Companies can make a case for such relief, they would always be free to move the Court and no doubt the existing parties would consent. No reason having been given by the existing parties, the
second part of the motion was denied. Foregoing are my reasons for disposing of the motion for a timetable before it is decided whether the Merck Companies will be made parties.
"Peter A. K. Giles"
A.S.P.
Toronto, Ontario
April 23, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-315-01
STYLE OF CAUSE: NU-PHARM INC.
Applicant
-and-
ATTORNEY GENERAL OF CANADA
and THE MINISTER OF HEALTH
Respondents
CONSIDERED AT TORONTO, ONTARIO PURSUANT TO RULE 369
REASONS FOR ORDER BY: GILES A.S.P.
DATED: MONDAY, APRIL 23, 2001
WRITTEN SUBMISSIONS BY: H. B. Radomski, and
On consent by the Respondents: Daniela Bassan
For the Applicant
SOLICITORS OF RECORD: Goodmans LLP
Barristers & Solicitors
Suite 2400, Box 24
250 Yonge Street
Toronto, Ontario
M5B 2M6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
FEDERAL COURT OF CANADA
Date: 20010423
Docket: T-315-01
Between:
NU-PHARM INC.
Applicant
-and-
ATTORNEY GENERAL OF CANADA
and THE MINISTER OF HEALTH
Respondents
REASONS FOR ORDER
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