The applicant brought a motion for interim relief pending the determination of its application for a declaration that the Minister of Health acted unlawfully in refusing to recommend its generic drug for inclusion in the Drug Benefit Formulary.
The Minister had reconsidered its recommendation after a Federal Court decision quashed the applicant's Notice of Compliance, despite a subsequent stay of that decision.
The court dismissed the motion, finding that the Minister's refusal was motivated by a desire to protect the public interest, and therefore the applicant failed to meet the balance of convenience requirement for interim relief.
