Background: The Minister of Health, via the Office of Patented Medicines and Liaison (OPML), decided that the 315 Patent was eligible for listing on August 30, 2023, rather than August 22, 2023. Additionally, Amgen Canada Inc. ("Amgen") was not required to address this patent because its drug submission was filed on August 24, 2023.

Application to Amend: Bayer sought leave to amend its Notice of Application, which included changing the description of the August 30 decision to "Communicated Eligibility Decision." The court allowed the amendment since it had a reasonable prospect of success and was timely, noting that it served the interests of justice.

Production of Records: Bayer also requested the production of additional documents (Standard Operating Procedures and annotated versions of the patent claims). The court ordered their inclusion in the Certified Tribunal Record because they were relevant to the grounds and relief sought.

Production for Examination: Bayer attempted to compel an individual from the Ministry to attend for cross-examination. The court rejected this request, as the individual had not sworn an affidavit, and allowing such examination would contradict the summary and expeditious nature of judicial review proceedings.

Costs: The court ordered that costs be assessed at the high end of Column IV, with costs to be determined in the main cause.