Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology, 2015 FC 1292

The appellants (Hospira) brought a motion to compel answers to 354 questions refused or taken under advisement at the discovery of the respondents (Kennedy) in a patent impeachment action. The Prothonotary who heard the motion ordered answers to 19 of the questions, and Hospira appealed in respect of 85 findings. The Court set out the standard of review and then refused to consider the motion on a de novo basis, finding that the decision as a whole is not clearly wrong. The Court then considered whether any of the findings by the Prothonotary were clearly wrong, and found that none were. The appeal was dismissed, with costs fixed at $6,500 to the respondents in any of the event of the cause.