Glaxo Group Ltd. v. Canada ( Minister of National Health and Welfare )
T-1983-93 / T-2025-93
Richard J.
21/2/96
7 pp.
Application for order directing Apotex Inc. to pay applicants' costs in respect of application for judicial review-In proceedings commenced under Patented Medicines (Notice of Compliance) Regulations, applicants seeking prohibition from issuing notice of compliance to Apotex Inc. in respect of medicine Salbutamol-In October 1995 applicants seeking Apotex' consent to order, referring Apotex to June, 1995 F.C.T.D. decision disposing of sole issue raised herein-In granting order, Richard J. following that decision-R. 1618 providing no costs payable in respect of application for judicial review unless Court for special reasons, so ordering-Applicants submitting special reasons exist based on private nature of proceedings, settlement offer, interlocutory cost order against Apotex-Respondent submitting litigant always entitled to question previous decision as being "manifestly wrong"-Application dismissed-Costs should not be awarded routinely in any application for judicial review, including proceedings under Regulations-Issue of costs under R. 1618 should be dealt with only after application for judicial review completed-Court must find "special reasons" for ordering costs in application for judicial review-Success on application not special reason-Court awarding costs, sometimes on solicitor-client basis by reason of party's conduct, ex. where reversal of position greatly contributing to respondent's costs and necessity for judicial review (Byers Transport Ltd. v. Kosanovich, [1995] 3 F.C. 354 (C.A.)), or where respondent willing to consent to application from outset, but applicant insisting matter be fully litigated (Chan v. Minister of Employment and Immigration (1994), 82 F.T.R. 244 (F.C.T.D.))-No special reasons to award costs to applicants under R. 1618 herein-Applicants not raising July 1995 decision until week preceding date fixed for hearing-Respondent arguing case should not be followed in this proceeding-Open to it to do so-Federal Court Rules, C.R.C., c. 663, R. 1618 (as enacted by SOR/92-43, s. 19).