TEVA CANADA INNOVATION Applicant v. ATTORNEY GENERAL OF CANADA, 2013 FC 500

Date: 20130514 Docket: T-586-12 Citation: 2013 FC 500 Ottawa , Ontario , May 14, 2013 PRESENT: The Honourable Mr. Justice Zinn BETWEEN: TEVA CANADA INNOVATION Applicant and ATTORNEY GENERAL OF CANADA Respondent FURTHER REASONS AND ORDER [ 1 ] These reasons and order are further to the Reasons and Judgment issued in these proceedings on April 30, 2013. [ 2 ] The Court has now reviewed the letter dated May 10, 2013 filed jointly by the counsel for the Applicant and the Respondent.

This letter addresses the matter of the return of the monies paid into the Consolidated Revenue Fund by the Applicant pursuant to the Board’s decision which decision has been quashed by the Judgment of this Court of April 30, 2013. [ 3 ] The matter of the return of these monies was raised by the Applicant at the hearing and should have been dealt with in the Judgment but was overlooked and omitted.

Pursuant to Rule 397 of the Federal Courts Rules it is in the interests of justice that the omission be dealt with. [ 4 ] The Applicant paid $2,801,285.00 into the Consolidated Revenue Fund, that sum should be returned promptly to the Applicant, together with pre-judgment interest calculated at 1.3% and post-judgment interest calculated at 3% as provided for in sections 36 and 37 of the Federal Courts Act . The Respondent is requested to give prompt attention to this matter so as to effect such return. ORDER

For the reasons provided: THIS COURT ORDERS that : Further to the judgment issued April 30, 2013 in this matter, the Respondent is requested to give prompt attention to the matter of the return to the Applicant of the sum of 2,801,285.00, together with pre-judgment interest calculated at 1.3% and post-judgment interest calculated at 3% as provided for in sections 36 and 37 of the Federal Courts Act . "Russel W.

Zinn" Judge FEDERAL COURT SOLICITORS OF RECORD DOCKET: T-586-12 STYLE OF CAUSE: TEVA CANADA INNOVATION v ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: February 5, 2013 FURTHER REASONS AND ORDER: ZINN J. DATED: May 14, 2013 APPEARANCES : Gavin MacKenzie / Trevor Guy FOR THE APPLICANT

David Cowie FOR THE RESPONDENT SOLICITORS OF RECORD : HEENAN BLAKIE LLP Toronto , Ontario FOR THE APPLICANT WILLIAM F. PENTNEY Deputy Attorney General of Canada Ottawa , Ontario FOR THE RESPONDENT