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The Federal Court refused leave for contested reply expert evidence in a patent damages motion, finding it went beyond proper reply and amounted to case-splitting.
Mid-trial ruling allowing the Crown to call rebuttal evidence from Hugh Edmundson on intoxication, how the parties met, and related credibility issues.
Motion to strike granted in a First Nations election challenge for failure to comply with statutory standing and service requirements; late affidavits were inadmissible.
The trial judge did not err: the defence evidence (the mother’s testimony) introduced a new matter that materially altered the significance of the complainant’s timeline such that the Crown could properly adduce rebuttal photographs; the judge applied the correct standard on credibility/W.(D.) issues as shown by her reasons; and the screenshots met the low authentication threshold and were admissible.
Source excerpt
Application for post-judgment document production and an examination order was granted in part: narrowed production was ordered from Donald, and Leslie was ordered to attend for examination.
The court dismissed a self-represented plaintiff’s contempt and Law Society referral application against defence counsel and awarded special costs.
The Federal Court allowed Louis Dreyfus Company to file and serve a reply expert report, finding it was responsive, not case-splitting, and not prejudicial.
The Federal Court refused to strike the responding expert reports in this patent motion and allowed a brief expert reply, finding no prejudicial case-splitting.
Appeal dismissed in a breach of probation case involving a website the appellant was ordered to make inaccessible. The Court upheld the conviction and rejected fresh evidence.
Federal Court struck one reply expert affidavit in a proposed class action, admitted another, and granted leave under Rule 52.4 for Mr. Anand.
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