Shire Canada Inc. v. Apotex Inc.

Drug: modafinil

Shire brought the within motion to determine the contents of the appeal books, in order to include additional documents that were not before the trial judge. In the alternative, Shire sought leave to file these documents as new evidence. The Court found that Shire was not permitted to include documents in the appeal books documents that were not before the trial judge. The Court then considered Shire’s motion to introduce the documents as new evidence and found that Shire had not met the test. The Court further considered whether it would exercise its discretion to admit the new evidence in the interests of justice. The Court found that, while the documents did not exist at the time of argument before the trial judge, the alleged facts did, are therefore not new, and it would not exercise its discretion.