Apotex commenced an impeachment action against sanofi-aventis. Sanofi-aventis later commenced an infringement action against Apotex. In the within motion, Apotex sought to consolidate its statement of claim in its impeachment action and its defence to the infringement action into a defence and counterclaim in the infringement action. Apotex also sought to make amendments to its pleadings, including adding various defences.
The Court allowed the consolidation, and allowed a number of the proposed amendments to the pleadings. However, after reviewing the law of set-off, the Court did not allow Apotex to add three new defences of setoff. The Court noted that the request by the parties for an early hearing date was accommodated by the Court and further accommodation cannot be expected if the parties cannot meet the early trial dates in light of their conduct.