Both parties brought motions for further and better affidavits of documents. Sanofi’s motion was granted in part and Apotex’s motion was denied. The Court stressed that the rules of procedure and in particular, those relating to affidavits of documents must be adhered to when the parties commit to a shortened schedule leading to trial.

The Court focused on the specificity of the pleadings and the lack of proof to show the existence of other relevant documents. Furthermore, the Court explicitly stated in several instances. that despite the failure of one party to prove that the other party had documents, by not producing those documents at this stage, the party in possession of them had made a decision not to use them at trial.

The full text of the decision can be found at:

http://decisions.fct-cf.gc.ca/en/2010/2010fc77/2010fc77.html