Novopharm brought a motion before the Federal Court seeking confidentiality for its Notice of Allegation (NOA) in the proceeding. Novopharm’s motion was dismissed by the Prothonotary (reported here) and its appeal was dismissed by a Judge (reported here) of the Federal Court. Novopharm appealed to the Court of Appeal.
By this motion, Novopharm sought interim relief pending the disposition of its appeal by the Federal Court of Appeal. The Court refused to grant Novopharm’s motion for interim relief protecting the confidentiality of its NOA while its appeal is pending. The Court held that the findings of the Prothonotary and Judge below, that described Novopharm’s evidence of harm as entirely speculative and largely based on bald assertions and unsupported assumptions, were applicable to the question of whether Novopharm would suffer irreparable harm to its commercial interest if the NOA was disclosed. Thus, the Court found that there was no harm to be balanced against the public interest in the openness of judicial proceedings and dismissed Novopharm’s motion for interim relief.