Teva Canada Limited v. Janssen Inc., 2017 FC 434

The Court dismissed the Plaintiffs by Counterclaim's motion to amend their statement of defence and counterclaim in respect of the contested amendments. The underlying proceeding is an action by Teva to recover from Janssen and others damages pursuant to section 8 of the Patented Medicine (Notice of Compliance) Regulations. The Court was not satisfied that the contested amendments had a reasonable prospect of success, but permitted the other proposed amendments, which were agreed to as between the parties.