Four trade associations sought leave to intervene in an appeal of a 55.2 proceeding, namely the Canadian Chamber of Commerce, BIOTECanada, Canada's Research-Based Pharmaceutical Companies and the Canadian Generic Pharmaceutical Association. The Court of Appeal denied all four motions for leave to intervene. The Court of Appeal found that litigants are ignoring the summary nature of NOC proceedings. Furthermore, the Appellant in the proceeding has commenced an infringement action where the same issues may be raised. Thus, the interests of justice would not be well served by allowing these interventions.
The full text of the decision can be found at: http://decisions.fca-caf.gc.ca/en/2007/2007fca329/2007fca329.html