Sanofi-Aventis v. Apotex Inc., 2014 FCA 66
This case concerns an appeal of a motion to amend pleadings in the s. 8 case described above. The motion had originally been brought three months prior to trial and dismissed due to their timing and the real risk of having to adjourn the trial. Sanofi sought to amend its pleadings to assert that a different generic company would have been the first to enter the hypothetical market. Sanofi also sought to amend its pleadings to argue that there should be no s. 8 damages for an unapproved indication. The appeals were dismissed for substantially the same reasons as in Sanofi v. Teva(summary here).