PRATIQUE
Case Management
Motion in context of Patented Medicines (Notice of Compliance) Regulations, SOR/93-133 prohibition proceedings for order respondent Pharmascience Inc. file evidence before applicant—Court having, in context of case management, discretion to vary order in which evidence of parties to be served, filed if deemed necessary for just, most expeditious, least expensive determination of proceedings—However, such reversal should not affect substantive rights of parties, fairness of procedural rights—In order to deprive Pharmascience without its consent of advantage of filing second, there must be substantial savings in time, expenses, resources—Reversing order in which evidence filed would substantially narrow issues, but because of Pharmascience’s objection, not fostering climate of cooperation needed to bring about requisite savings—As such, discretion to vary order evidence presented not exercised.
Purdue Pharma v. Pharmascience Inc. (T-1837-07, 2007 FC 1196, Tabib P., order dated 15/11/07, 14 pp.)