In PMNOC proceedings, the Federal Court recently denied a party’s request for consolidation of two actions finding that it had not proven: (i) it would suffer prejudicial harm if consolidation did not occur; and (ii) the counterparty would not suffer prejudice if consolidation occured. The Court also held there is no “positive obligation” on a generic company to serve all Notices of Allegation under the PMNOC Regulations at the same time.
Takeda Canada Inc. v. Apotex Inc., 2023 FC 63