Pfizer Canada Inc. v. Canada (Health), 2007 FC 650

Date: 20070618

Docket: T-1232-05

Citation: 2007 FC 650

Ottawa, Ontario, June 18, 2007

PRESENT:     The Honourable Mr. Justice Phelan

BETWEEN:

PFIZER CANADA INC.

Applicant

and

THE MINISTER OF HEALTH and APOTEX INC.

Respondents

and

SANOFI-AVENTIS DEUTSCHLAND GmbH

Respondent/Patentee

SUPPLEMENTAL REASONS TO AMENDED ORDER

[1]               At the hearing of this NOC application (an application for an order of prohibition), the Court was asked to provide advance notice to counsel of the timing of its decision.

[2]               Subsequent to the NOC hearing, the Respondent brought a motion to dismiss the NOC application, that motion was to be heard on Monday, June 18, 2007. The motion would be redundant if the Court decided to dismiss the Applicant’s NOC application. To accommodate counsel and to prevent an unnecessary hearing, the Court advised counsel on Wednesday, June 13, 2007, that it had decided to dismiss the Applicant’s application and anticipated releasing its reasons shortly. Counsel were asked to inform the Court as to their position regarding the motion to dismiss.

[3]               The formal Order and Reasons were released on Friday, June 15, 2007, despite the Applicant filing a Notice of Discontinuance the day before.

[4]               The Court’s Order dismissing the application was dated June 15, 2007, despite having been disclosed on June 13, 2007. This was a clerical error as the Order should have been dated June 13, 2007, when counsel were informed of the Court’s disposition. The situation is analogous to an oral judgment (see Baxter Travenol Laboratories of Canada Ltd. v. Cutter (Canada) Ltd., [1983] 2 S.C.R. 388).

[5]               Pursuant to Rule 397(2), the Order dismissing the Applicant’s application for a prohibition order will be amended to be effective as of June 13, 2007.

“Michael L. Phelan”

FEDERAL COURT

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-1232-05

STYLE OF CAUSE:                          PFIZER CANADA INC.

                                                            and

                                                            THE MINISTER OF HEALTH et al

PLACE OF HEARING:                    Toronto, Ontario

DATE OF HEARING:                      April 23 and 24, 2007

SUPPLEMENTAL REASONS

TO AMENDED ORDER:                Phelan J.

DATED:                                             June 18, 2007

APPEARANCES:

SOLICITORS OF RECORD: