Merck Frosst Canada Inc. v. Canada ( Minister of National Health and Welfare )
A-265-97
Décary J.A.
21/4/99
3 pp.
Appeal from dismissal of application for retroactive extension of 30-month delay prescribed under 1993 Patented Medicines (Notice of Compliance) Regulations, s. 7(1)(e) before Minister issuing notice of compliance to Apotex for medicine lovastatin on ground Court lacked jurisdiction to extend time under s. 7(5) after expiry of statutory stay-Appeal moot as Minister already issuing notice of compliance-Court not exercising discretion to hear appeal despite mootness because: (1) as 1993 Regulations significantly altered in 1998, at least in so far as s. 7(5) concerned, little purpose in spending judicial resources to interpret Regulations no longer in force; (2) circumstances herein "unusual", "exceptional"; (3) no evidence of any pending case that could benefit from decision of this Court in this appeal; (4) appellants not coming to Court with clean hands as waited 18 months before filing memorandum of fact, law despite fact regulatory scheme requiring parties to act as expeditiously as possible-Patented Medicines (Notice of Compliance) Regulations, SOR/93-133, s. 7(1)(e) (as am. by SOR/98-166, s. 6), (5) (as am. idem).