Pfizer Canada Inc. v. Apotex Inc., 2014 FC 173 

Drug: celecoxib

Pfizer appealed the costs portion of a decision of the case-management Prothonotary striking portions of its evidence on reply (Decision here; summary here). Pfizer argued that costs should not have been awarded on an elevated scale without giving it a chance to make submissions or without a finding of exceptional circumstances.

The Court disagreed and dismissed the motion, holding that there was no unfairness to Pfizer in the circumstances, and nothing unreasonable about the Prothonotary’s decision.