Apotex Inc. v. Canada ( Minister of National Health and Welfare )
T-2300-97
Reed J.
29/9/99
6 pp.
Applicant seeking solicitor-client costs on discontinuance of within application-Alleging Minister of National Health and Welfare caused unnecessarily bringing of application, also caused applicant significant financial damage by refusing to issue Notice of Compliance (NOC) in timely fashion-In August 1995, Apotex filed application with Minister seeking NOC for ofloxacin tablets-Application by Ortho-McNeil Inc. for order of prohibition preventing issuance of NOC-Court order issued on April 29, 1997 permitting applicants to withdraw proceeding in reliance on undertakings of Apotex Inc. referred to and given in Terms of Settlement-Apotex satisfied all Minister's enquiries for issuance of NOC by June 11, 1997, but Minister refused to issue NOC-According to Minister, Apotex's replacement of methanol with ethanol as solvent in isolation, purification of molecule change to process subject to Court order-Letters sent by Apotex on October 2, 10, 20, 1997 asserting Minister's delay in issuing NOC already cost Apotex great financial damage as it missed inclusion in provincial formularies-Proceedings commenced on October 24, 1997 seeking order requiring Minister to issue NOC-Under r. 400(1), Court "should have full discretionary power over the amount and the allocation of costs and the determination of by whom they are to be paid"-Minister's interpretation of April 29, 1997 order not tenable-Minister not giving matter serious consideration, waiting until February 3, 1998 before mistake acknowledged, corrected-Applicant entitled to full indemnity for costs involved in bringing application-Federal Court Rules, 1998, SOR/98-106, r. 400.