Date: 20020212
Docket: T-36-02
Neutral Citation: 2002 FCT 158
Montréal, Quebec, February 12, 2002
Present: Mr. Richard Morneau, Prothonotary
BETWEEN
MERCK FROSST CANADA & CO.
Applicant
(Moving Party)
and
THE MINISTER OF HEALTH CANADA
Respondent
(Respondent)
Motion by the applicant for:
1. A stay of proceedings in this case until final judgment is rendered in docket T-90-01 (Merck Frosst & Co. v. The Minister of Health Canada);
2 Failing a stay of these proceedings until final judgment is rendered in docket T-90-01, an order pursuant to the terms of the order attached to the motion in Appendix A establishing a calendar for the continuation of the proceedings in this case in the manner described hereinafter:
(a) within 90 days of the judgment to be rendered on this motion, the moving party will produce some supplementary affidavits on a confidential basis;
(b) within 90 days of the production of the supplementary affidavits by the moving party, the respondent will produce some affidavits, including those on a confidential basis;
(c) within 45 days of the production of the respondent's affidavits, the moving party will produce its confidential affidavits in reply to the materials submitted by the respondent;
(d) within 15 days of the production of the affidavits in reply by the moving party, the respondent will produce its confidential affidavits in reply, where applicable, if new facts and considerations are raised in the moving party's affidavits in reply; and
(e) all of the parties shall have completed their examinations no later than 60 days after the expiration of the period prescribed in sub-paragraph (d) above for the production of the respondent's affidavits in reply;
3. An order that the documents, information and transcripts to be produced by the parties in the context of this case be kept confidential, in accordance with the terms of the confidentiality order attached to the motion in Appendix A; and
4. Any further order that this Court considers just and useful to render in the circumstances.
REASONS FOR ORDER AND ORDER
[1] In regard to the request for a stay of proceedings made by the applicant, I think it is appropriate to reject this part of the motion, with costs to follow, since the applicant has failed to persuade me that is in the interests of justice to so order. Although one can admit that in order to perfect this case the applicant will have to devote itself in part to the same work as that performed in docket T-90-01, it is not apparent to me that these work problems and additional costs are such that they must entail a stay of proceedings in a case that should by law proceed summarily.
[2] The other aspects of the motion are adjourned to Monday, February 18, 2002; the parties are urged in the interval to agree on these remaining aspects of the motion.
Richard Morneau
Prothonotary
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20020212
Docket: T-36-02
Between:
MERCK FROSST CANADA & CO.
Applicant
(Moving Party)
and
THE MINISTER OF HEALTH CANADA
Respondent
(Respondent)
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-36-02
STYLE: MERCK FROSST CANADA & CO.
Applicant
(Moving Party)
and
THE MINISTER OF HEALTH CANADA
Respondent
(Respondent)
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 11, 2002
REASONS FOR ORDER OF Mr. RICHARD MORNEAU, PROTHONOTARY
DATED: February 12, 2002
APPEARANCES:
Karl Delwaide for the applicant (moving party)
Marie Crowley for the respondent (respondent)
SOLICITORS OF RECORD:
Fasken Martineau DuMoulin for the applicant (moving party)
Montréal, Quebec
Morris Rosenberg for the respondent (respondent)
Deputy Attorney General of Canada