Decision

Angelcare Development Inc. v. Munchkin, Inc., 2020 FC 1185

Justice Roy - 2020-12-23

Read full decision. Automatically generated summary:

This is a motion brought by Angelcare seeking leave to serve the Reply Report of Mr. Michel Morelli, dated October 27, 2020. ... In my view, the Reply Report reads largely as an opportunity seized by the expert to re-assert the views expressed before. Rebutting the opinions of other experts and thus confirming views already expressed is not what reply evidence is about. Such an approach does not provide assistance to the Court and does not advance the interests of justice, especially in the context of the litigation culture change advocated by senior courts. ... With the exception of the corrections at paragraphs 8, 15-22, 57-60, and 80-81, which are accepted by both parties, the Morelli Reply Report does not fall within the scope of proper reply evidence and it does not appear to be within the interests of justice to admit it nonetheless. The Court will not be deprived of essential information needed to reach a just outcome.

Decision relates to:

  • T-151-16 - ANGELCARE DEVELOPMENT INC. ET AL. v. MUNCHKIN, INC ET AL.

 

Canadian Intellectual Property