Canplas Industries Ltd. v. Airturn Products Inc., 2016 FC 109

The Defendants sought to amend their Statement of Defence to include reference to a product referred to as prior art in support of their allegation of obviousness. The Plaintiff opposed the amendment on the basis that the Defendants could not prove that the product was disclosed to the public so as to make it prior art. The Court noted that the Defendants continue to seek evidence establishing the product is prior art and refusing the amendment would prevent them from finding and introducing relevant evidence. The Plaintiff did not assert that the amendment would cause prejudice and the Court stated that "[w]here a proposed amendment creates no de facto prejudice, it will almost always be in the interests of justice to err on the side of allowing it."