Apotex Inc. v. H. Lundbeck A/S, 2013 FCA
46

Apotex appealed from the FC order
upholding the order of Prothonotary Tabib, who ordered Apotex to provide
samples of escitalopram from at least three representative batches. The
Prothonotary’s order was made pursuant to Rule 249 of the Federal Courts
Rules.

Appeal is dismissed.

The Court rejected Apotex’s argument
that the Judge and Prothonotary below erred in law by not recognizing that the
granting of an order under Rule 249 is an exceptional remedy and one of last
resort.