Justice Southcott - 2021-06-07
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In this motion, the Plaintiffs/Defendants by Counterclaim [collectively, Apotex] appeal, pursuant to Rule 51 of the Federal Court Rules, SOR/98-106 [the Rules], an Order of Madam Prothonotary Milczynski [the Prothonotary] dated May 4, 2021 [the Order]. The Order dismissed Apotex’s motion under Rule 249 for an order directing the Defendants/Plaintiffs by Counterclaim [collectively, Pfizer] to provide Apotex with samples of ACCUPRIL finished tablets made on or after September 1, 2018 through to December 6, 2019, as well as samples of the quinapril active pharmaceutical ingredient [API] and each excipient used in the manufacture of the ACCUPRIL tablets. As explained in more detail below, this motion and Apotex’s appeal are dismissed, because, applying the relevant standard of review, I have found no reviewable error on the part of the Prothonotary.
Decision relates to:
- T-1660-11 - BERNARD CHARLES SHERMAN ET AL v. PFIZER CANADA INC., ET AL