Teva Canada Innovation v. Canada (Attorney General), 2013 FC 500

Date: 20130514

Docket: T-586-12

Citation: 2013 FC 500

Ottawa, Ontario, May 14, 2013

PRESENT:    The Honourable Mr. Justice Zinn

BETWEEN:

FURTHER REASONS AND ORDER

[1]               These reasons and order are further to the Reasons and Judgment issued in these proceedings on April 30, 2013. 

[2]               The Court has now reviewed the letter dated May 10, 2013 filed jointly by the counsel for the Applicant and the Respondent.  This letter addresses the matter of the return of the monies paid into the Consolidated Revenue Fund by the Applicant pursuant to the Board’s decision which decision has been quashed by the Judgment of this Court of April 30, 2013.

[3]               The matter of the return of these monies was raised by the Applicant at the hearing and should have been dealt with in the Judgment but was overlooked and omitted.  Pursuant to Rule 397 of the Federal Courts Rules it is in the interests of justice that the omission be dealt with.

[4]               The Applicant paid $2,801,285.00 into the Consolidated Revenue Fund, that sum should be returned promptly to the Applicant, together with pre-judgment interest calculated at 1.3% and post-judgment interest calculated at 3% as provided for in sections 36 and 37 of the Federal Courts Act.  The Respondent is requested to give prompt attention to this matter so as to effect such return.

ORDER

For the reasons provided:

THIS COURT ORDERS that:  Further to the judgment issued April 30, 2013 in this matter, the Respondent is requested to give prompt attention to the matter of the return to the Applicant of the sum of 2,801,285.00, together with pre-judgment interest calculated at 1.3% and post-judgment interest calculated at 3% as provided for in sections 36 and 37 of the Federal Courts Act. 

"Russel W. Zinn"

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                         T-586-12

STYLE OF CAUSE:                        TEVA CANADA INNOVATION v

ATTORNEY GENERAL OF CANADA

PLACE OF HEARING:                  Toronto, Ontario

DATE OF HEARING:                    February 5, 2013

FURTHER REASONS

AND ORDER:                                  ZINN J.

DATED:                                            May 14, 2013

APPEARANCES:

SOLICITORS OF RECORD: