| Citation: |
Teva Neuroscience G.P.-S.E.N.C. v. canada (Attorney General), 2010 FC 1204, [2011] 1 F.C.R. D-11 |
T-470-08 |
Practice
Judgments and Orders
Reversal or Variation
Motion seeking order that redetermination of matter before Patented Medicine Prices Review Board (Board) arising from judgment (2009 FC 1155) take place on existing record—Board allowing its staff to introduce further evidence into record at redetermination hearing—Moving party arguing Federal Courts Rules, SOR/98‑106, rr. 397, 399(2)(a) allowing Court to revisit, revise judgment, insert words “on the existing record”—No basis for amending judgment under r. 397—Regarding r. 399(2)(a), matter arising subsequent to judgment must be relevant to factual basis giving rise to judgment—No directions given in judgment as to how redetermination to be conducted—Present motion requiring Court to exercise continuing supervisory jurisdiction over Board’s conduct of redetermination—Such is not Court’s function—Moving party arguing that to await full hearing, final determination by Board wasteful—However, wastefulness alone no reason for Court to intervene now if no proper basis for doing so has been made out—Motion dismissed.
Teva Neuroscience G.P.-S.E.N.C. v. Canada (Attorney General) (T-470-08, 2010 FC 1204, Hughes J., judgment dated November 29, 2010, 14 pp.)