Appeal of refusal to add parties at remedy stage dismissed

Janssen Inc. v. Teva Canada Limited

The Court dismissed a motion for the joinder of parties at the remedy phase of an infringement action in which liability had been determined. The plaintiffs were seeking to add parties that were claiming damages through the patentee. A copy of the Court’s decision can be found here. Our summary can be found here.

The Court of Appeal found no error in principle, and no misapprehension of the facts in the exercise of the Court’s discretion to refuse the joinder, nor that an obvious injustice would result from the decision.