Apotex Inc. v. Pfizer Canada Inc., 2014 FC 876

The Court has permitted Pfizer to amend its Further Fresh as Amended Statement of Defence and Counterclaim, but as a result the Court has made significant changes to the scheduling of the proceeding.

A previous order of the Court had bifurcated the issue of determining the start date for liability for section 8 damages, if liability is subsequently found (2014 FC 159, previously summarized the week of May 26, 2014). Examinations for discovery have not yet commenced and though the Court noted this would usually mean the amendments to the pleadings would be allowed, the nature of the amendments were such that they would result in a variation of the earlier bifurcation order.

In the result, the Court permitted the amendments, but the Court ordered, among other things, a schedule for all steps in the proceeding; a new trial date on all issues; each party shall have 8 days of discovery plus an additional day to Apotex for each inventor examined; no party shall refuse a question on discovery; and any disagreement over the relevance of questions shall be dealt with subject to Rule 95(2).