Sanofi-Aventis Canada Inc. v. Novopharm Ltd., 2006 FCA 362

Date: 20061107

Docket: A-413-06

 

Citation: 2006 FCA 362

 

Ottawa, Ontario, November 7, 2006

 

Present:          NOËL J.A.

 

BETWEEN:

SANOFI-AVENTIS CANADA INC.

Appellant

(Applicant)

 

and

NOVOPHARM LIMITED and THE MINISTER OF HEALTH

Respondents

(Respondents)

 

and

 

SCHERING CORPORATION

 

Respondent

(Respondent/Patentee)

 

 

REASONS FOR ORDER AND DIRECTION

 

[1]        The applicant moves for an interim order staying the operation of an order issued by Tremblay-Lamer J. on September 25, 2006 until its stay application filed on the same occasion can be heard and disposed of.

 

[2]        The parties were advised through the Registry that a judge of the Court of Appeal could be available to hear the interim application in Ottawa on Thursday, November 9, 2006. However, Counsel for Novopharm has indicated that he is not available to proceed on November 9, and that in any event he does not have sufficient time to respond if the matter is set down for hearing on November 9, 2006.

 

[3]        I have since reviewed the applicant’s motion material filed in support of its application and I do not believe that the urgency which would justify an interim stay has been demonstrated. However, I am satisfied that the stay application should be dealt with on an expedited basis and to that end I direct that the matter proceed under Rule 369 in accordance with the following time table:

 

            1)   the applicant’s material in support of the application shall be considered to have been served and filed pursuant to Rule 369 on Monday, November 6, 2006;

 

            2)   the respondents shall serve and file their submissions in response on or before Tuesday, November 14, 2006;

 

            3)   the applicant shall serve and file its submissions in reply, if any, on or before Thursday, November 16, 2006.

 

[4]        The Court once seized with the full motion record will determine whether the matter can be disposed of on the basis of the written material or whether an oral hearing is required.

 

“Marc Noël”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-413-06

 

STYLE OF CAUSE:                                                              Sanofi-Aventis Canada Inc.

                                                                                                and Novopharm Limited and

                                                                                                the Minister of Health and Schering Corporation

 

 

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

 

 

REASONS FOR ORDER AND DIRECTIONBY:             Noël J.A.

 

DATED:                                                                                 November 7, 2006

 

 

WRITTEN REPRESENTATIONS BY:

 

 

Gunars A. Gaikis	FOR  THE APPELLANT / APPLICANT
Jonathan Stainsby	FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

SMART & BIGGAR 438 University Avenue Suite 1500, Box 111 Toronto, Ontario M5G 2K8	FOR  THE APPELLANT / APPLICANT
HEENAN BLAIKIE P.O. Box 185, Suite 2600 200 Bay Street South Tower, Royal Bank Plaza Toronto, Ontario M5J 2J4	FOR THE RESPONDENT