The Minister of Health had sent a letter to the generic company indicating that once it had satisfied the requirements of the NOC Regulations, it would be eligible to receive a NOC regardless of whether the other generic company to which it had cross-referenced its submission had satisfied all of the NOC Regulations and received a NOC. The innovator sought to judicially review the decision in the letter.
The Court held that the letter from the Minister was not a "decision" in a sense that it could not be judicially reviewed.
The Court also held that if the letter was a decision, the innovator company did not have standing as it is not directly affected by the letter. Although the innovator's commercial interest could be affected, the commercial advantage conferred on the third party by the government does not give rise to standing to commence a judicial review application.
The full text of the decision can be found at: http://decisions.fct-cf.gc.ca/en/2007/2007fc1156/2007fc1156.html