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The Federal Court struck an expert affidavit in a passport-refusal judicial review, holding it was fresh evidence going to the merits and outside the Access Copyright exceptions.
The court held s.116.1 of the Social Services Tax Act applies procedurally, refused to strike an expert affidavit, and allowed cross-examination.
The Federal Court granted Pfizer leave to file supplementary expert affidavits in a section 6 NOC proceeding, finding the evidence responsive, focused, and not unfairly prejudicial.
The Prothonotary erred in law by concluding Astra should have compelled production earlier; because Apotex had not filed samples with the minister, Astra could not compel production under s.6(7) and cannot be blamed for delay. The Court affirmed that when a party files affidavit evidence from testing samples, the opposing party may promptly move for production for its own testing; the appeal by Apotex was dismissed and the Prothonotary's application of delay as a basis to refuse filing was incorrect.
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