Kirin-Amgen Inc. v. Boehringer Mannheim Canada Ltd.
T-2784-97
MacKay J.
5/3/98
5 pp.
Injunction-Application for order defendant shall neither sell commercially, nor induce others to use, product in Canada, without giving 60 days' notice-Defendants not yet receiving approval to market product-Undertaking to give reasonable notice if intending to sell product before 1999-Plaintiff concerned undertaking between counsel not enforceable unless terms precise-Defendant submitting plaintiff seeking equivalent of injunction without normal hearing requirements for injunctive relief-Application dismissed-Court not having jurisdiction to impose upon party in litigation bar to action at liberty to undertake i.e. to enter market with its product that may meet regulatory requirements, until Court's process for determining rights of parties, either as interlocutory matter pending trial, or by trial, completed-Can be no injunction without assessing interests of parties in regular proceedings for such relief-Order plaintiff seeking effectively in nature of injunction, even thought subject to conditions-Even if merely variation of terms of undertaking between counsel at issue, Court's discretion to intervene as requested should be exercised only in exceptional cases-Case not exceptional.