"(a) The undertaking is to be enforced according to its terms. In the instant case (as in many others) it is that Servier will comply with any order the court may make "if the court…finds that this Order has caused loss to the defendants." The question for me is therefore: what loss did the making of the Order and its continuation until discharge cause to Apotex?
10 October 2008
Interim Injunctions: Les Laboratoires Servier v Apotex Inc
When an applicant other than the Crown seeks an interim injunction he or she has to promise the interim applications judge to compensate the injuncted party for any loss or damage that that party may suffer as a result of the injunction. In