Apotex Inc. v. Warner-Lambert Company LLC

This is an appeal of an Order of the Case Management Prothonotary addressing Apotex’ motion to compel answers arising from discovery. Warner-Lambert appealed the finding of the Prothonotary with respect to one question. The Court set out the standard of review relating to decisions of Prothonotaries and especially Case Management Prothonotaries, and noted that motions arising from discovery will rarely be vital to the final outcome of the action. The Court concluded that Warner-Lambert failed to meet its burden and the appeal was dismissed.