Exchanging documents before discovery: A simplified procedure
In Rosebrook v Hill Times Publishing Inc., the Federal Court addressed whether a plaintiff (“Rosebrook”) is required to serve the defendant (“Canadian...Read More
Federal Court finds no error of law in order for production of financial statements
Background In Pharmascience Inc. v. Janssen Inc., the Federal Court dismissed an appeal of the order of the Case Management Judge compelling...Read More
Canadian Copyright Act draws the line between Rio Tinto and foreign author
GE commenced a copyright infringement action against Canmec, asserting ownership of copyright in 33 manufacturing drawings relating to butterfly valves. GE claimed...Read More
Federal Court finds US supply disruptions relevant to Apotex’s ability to supply the Canadian abiraterone market
In the context of Apotex’s section 8 action against Janssen, Janssen brought a motion under Rule 51 of the Federal Courts Rules...Read More
Norwich Orders are not a Second Stab at Discovery
In the context of Worthware’s action against Raysoft for inducing patent infringement, Worthware brought a motion for a Norwich Order under Rules...Read More
Source Code is Relevant And Producible In Software Patent Infringement Action
Prothonotary Tabib’s recent decision in Guest Tek Interactive Entertainment v Nomadix considers a number of discovery-related issues that arose in the context...Read More
Court Orders Corrections To Discovery Answers Be Read-In
Rule 288 permits a party to rely on answers given during examination for discovery of an adverse party as evidence at trial....Read More
Party Has Prima Facie Right To Select Discovery Representative
The Federal Court recently issued a decision dealing with a discovery motion requesting a specific individual as a representative for discovery and...Read More
Unanswered Questions – Bard Successfully Avoids Answering Questions on Discovery
On October 16, 2015, Justice LeBlanc dismissed an appeal by W.L. Gore & Associates, Inc. and W.L. Gore & Associates Canada Inc....Read More