Teva Canada Limited v. Janssen Inc., 2016 FC 318

The appeal of a Prothonotary's decision to refuse to bifurcate liability and quantification of an action comprising a claim pursuant to section 8 of the PM(NOC) Regulations and a patent infringement counterclaim has been dismissed.

The Court found that although one could have arrived at the opposite conclusion, to find fault with the Prothonotary's process would amount to a reweighing of the evidence, subverting the high degree of deference owed to a discretionary decision of a Prothonotary.