Date: 20030207
Docket: T-122-02
Neutral Citation: 2003 FCT 134
Montréal, Quebec, February 7, 2003
Present: Mr. Richard Morneau, Prothonotary
BETWEEN:
H. LUNDBECK A/S
and
LUNDBECK CANADA INC.
Applicants
and
THE MINISTER OF HEALTH
and
GENPHARM INC.
Respondents
REASONS FOR ORDER AND ORDER
[1] This is a motion by the applicants (hereinafter Lundbeck) in the context of litigation under the Patented Medicines (Notice of Compliance) Regulations, for a decision in their favour on objections raised during the cross-examination of three affiants submitted by the respondent Genpharm. A difficulty raised during the cross-examination on affidavit of one of the Lundbeck affiants is also to be resolved.
Regarding Dr. Pike
[2] The two objections raised by Genpharm during the cross-examination of Dr. Pike shall be upheld, for the reasons presented by Genpharm in paragraphs 23 and 24 of its written representations submitted in opposition to the motion at bar.
Regarding Dr. Merskey and Dr. Rathbone
[3] In regard to the three documents that Lundbeck attempted to introduce via the cross-examination of Dr. Merskey and Dr. Rathbone, I think the reasoning developed by Genpharm in support of its objections is the path to follow, and, more particularly, the comments that Genpharm presents in paragraph 29 of its written representations.
[4] Genpharm's objections in regard to these two witnesses will therefore also be upheld.
Regarding Dr. Rabheru
[5] Here as well, the reasons presented by Genpharm in paragraphs 37 and 38 of its written representations are those that should guide us. Genpharm's objection is therefore upheld.
[6] For these reasons, Lundbeck's motion is therefore dismissed with costs.
[7] As to the schedule to which the parties should adhere for the continuation of this matter, it would be the following:
1. The applicants shall serve and file their record on or before February 27, 2003;
2. The respondents shall serve and file their record on or before March 19, 2003;
3. The applicants shall serve and file their requisition for hearing under Rule 314 within ten (10) days of receiving service of the respondents' record.
"Richard Morneau"
Prothonotary
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030207
Docket: T-122-02
Between:
H. LUNDBECK A/S and LUNDBECK CANADA INC.
Applicants
and
THE MINISTER OF HEALTH and GENPHARM INC.
Respondents
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-122-02
STYLE: H. LUNDBECK A/S and LUNDBECK CANADA INC.
and
THE MINISTER OF HEALTH and GENPHARM INC.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 29, 2003
REASONS FOR ORDER OF MR. RICHARD MORNEAU, PROTHONOTARY
DATED: February 7, 2003
APPEARANCES:
Karine Joizil for the applicants
Kamleh J. Nicola for the respondent Genpharm Inc.
SOLICITORS OF RECORD:
Fasken Martineau DuMoulin for the applicants
Montréal, Quebec
Sim Hughes Ashton & McKay for the respondent Genpharm Inc.
Toronto, Ontario
Morris Rosenberg for the respondent The Minister of Health
Deputy Attorney General of Canada