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Canada Case Law

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Civil procedure 2015 FC 801

Eli Lilly Canada Inc. v. Teva Canada Limited

The Federal Court upheld most of a Prothonotary’s order compelling disclosure of Teva’s confidential trial materials, but required redaction of irrelevant portions.

  • Waiver of confidentiality
  • Implied undertaking
  • Relevance of prior trial transcripts
  • Prothonotary jurisdiction
  • Standard of review
  • Discovery
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Civil procedure 2004 FC 574

Apotex Inc. v. The Wellcome Foundation Ltd.

The Federal Court set aside parts of a case management order requiring early document production, finding the order premature and beyond the prothonotary’s authority.

  • Affidavit of documents
  • Production of documents
  • Jurisdiction of prothonotary
  • Rule 47(2) motion requirement
  • Reference for damages
  • Affidavit-of-documents
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.