In the reasons, the motions judge found that s.7 of the Canadian Evidence Act permits a party 5 experts per case, subject to the direction of the Court to have the number increased. In this case, by an earlier direction, the Court had allowed the Defendant Apotex 10 experts and the parties opposite to 10 and 5 experts, respectively. Upon hearing the motion, the Court found that Apotex had made at least a prima facie case that it needed up to 5 more experts then the original 10 were given the competition issues and the possible need for rebuttal. The Court file specifically took note of Apotex' counsel's comments that it would avoid duplicative or unnecessary evidence.

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