Do it yourself: Court clarifies obligations of party that breaches protective order and implied undertaking
In Molo v Chanel, Associate Justice Tabib clarified what a party is required to do when it has breached a protective order....Read More
Relief from the implied undertaking required before varying a confidentiality order
The Federal Court found it was inappropriate to vary the Protective and Confidentiality Order in the original action brought by Janssen against...Read More
Onus is on (you) to Further Restrict a Protective Order
In Janssen Pharmaceutica N.V. v Apotex Inc., 2022 FC 1262, Case Management Judge Trent Horne held that where parties cannot agree on...Read More
Federal Court clarifies test for Protective Orders with Counsel’s Eyes Only Provisions
In Del Ridge Homes Inc. v Ledgemark Homes Inc., 2022 FC 566 the Federal Court upheld Prothonotary Milczynski’s decision to dismiss Ledgemark...Read More
Protective Orders Dead In Canada? – Not So Fast
Parties involved in patent litigation in the Federal Court often exchange sensitive confidential documents of an economic, scientific or technical nature as...Read More
Death of the Protective Order in the Federal Court of Canada?
Seedlings Life Science Ventures LLC v. Pfizer Canada Inc., 2018 FC 443 is the second decision (following Live Face on Web, LLC...Read More
NOV Downhole Fails to Pierce the Corporate Veil
In NOV Downhole Eurasia Limited v. TLL Oilfield Consulting Ltd., 2016 FC 685, NOV appealed an Order of Prothonotary Milczynski (acting in...Read More