EMD SERONO, A DIVISION OF EMD INC., CANADA et al. v. APOTEX INC.
Summary of T-1039-23
The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.
Federal Court Type: Patented Medicines (NOC) Regulations [Actions]
Parties and Lawyers:| Party | Firm | Lawyer |
|---|---|---|
| APOTEX INC | ||
| EMD INC CANADA | ||
| EMD SERONO (A DIVISION OF) | MCCARTHY TETRAULT LLP | LEGERE, FIONA |
| MERCK SERONO SA |
| Name | Number |
|---|---|
| MAVENCLAD | |
| 2588966 |
Decisions
| Name | Date | Paragraph |
| EMD Serono v. Apotex Inc. 2024 FC 820 | May 29, 2024 | This is a motion by Serono seeking among other relief a declaration that the information in the redacted version of the Acknowledgement and Certification of Information Received related to Apotex generic cladribine submission attached to the notice of motion as Schedule A is not confidential. In particular, Serono is seeking a conclusion that the “Date Completed” information is not confidential, or to be granted permission to use that piece of information in another proceeding (Court File No. T-1369-23) between the same parties. ... However, with respect to the specific information disclosed in the Redacted Acknowledgement and Certification at issue on this motion, Apotex has not established on a balance of probabilities that its interests could be harmed if the challenged information were made available to the public by the release today of the specific information in the Redacted Acknowledgement and Certification. Accordingly, this Court concludes that the information in the Redacted Acknowledgement is not confidential. |
Docket Summary (Google Translate to English)
() 2025-02-21 - TorontoMemorandum to file from Toronto Local Office dated 21-FEB-2025 Discontinuance signed by both parties and submitted to court in email sent to all counsels placed on file.
Covering letter from Plaintiffs dated 21-FEB-2025 concerning Doc. No. 78 placed on file on 21-FEB-2025
Discontinuance with Consent on behalf of Defendant filed on 21-FEB-2025
CONFIDENTIAL Letter on behalf of Plaintiffs received on 18-FEB-2025
CONFIDENTIAL Letter on behalf of Plaintiffs received on 14-FEB-2025
Reasons for Order and Order dated 13-FEB-2025 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 40 Result: granted Filed on 13-FEB-2025 copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1705 page(s) 4 - 4
Toronto 05-FEB-2025 BEFORE Associate Judge Michael D. Crinson Language: E Before the Court: Case Management Conference Result of Hearing: various issues discussed held by way of video conference Duration per day: 05-FEB-2025 from 10:00 to 11:00 Courtroom : Toronto (Zoom) Court Registrar: Michelle Gauvin Total Duration: 1h Appearances: Fiona Legere, Geoffrey Mowatt, Richard Du n/a representing Plaintiff Kasia Donovan, Ben Hackett n/a representing Defendant Comments: zoom recording Minutes of Hearing entered in Vol. 1125 page(s) 79 - 80 Abstract of Hearing placed on file
Letter from Defendant dated 05-FEB-2025 Defendant's Counsel not opposed to Plaintiff's witnesses testifying remotely so long as they are able to come to an agreement on suitable protocol for testifying by videoconference received on 05-FEB-2025
Communication to the Court from the Registry dated 04-FEB-2025 re: IDS#174-176 sent up to AJ Crinson
Letter from Plaintiff dated 04-FEB-2025 CONFIDENTIAL re: CMC on 5-JAN-2025 received on 04-FEB-2025
Letter from Defendant dated 30-JAN-2025 CONFIDENTIAL re: CMC on 5-JAN-2025 received on 04-FEB-2025
Letter from Plaintiff dated 30-JAN-2025 CONFIDENTIAL re: CMC on 5-JAN-2025 received on 04-FEB-2025
Letter from Defendant dated 04-FEB-2025 In response to ID 170 received on 04-FEB-2025
Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 04-FEB-2025 directing that A trial management conference is scheduled for Monday, February 10, 2025 at 1:30pm by Zoom videoconference for a duration not exceeding one hour placed on file on 04-FEB-2025 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 03-FEB-2025 Request for two fact witnesses to be permitted to testify by videoconference received on 03-FEB-2025
Letter from Plaintiff dated 03-FEB-2025 Requesting a TMC as soon as possible to discuss the order in which evidence will be presented at trial received on 03-FEB-2025
Memorandum to file from Toronto Registry dated 03-FEB-2025 Plaintiffs' and Defendant's expert reports received and forwarded to Trial Judge placed on file.
Acknowledgment of Receipt received from the parties with respect to ID#167 placed on file on 03-FEB-2025
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 03-FEB-2025 directing that A case management conference by Zoom is scheduled for Wednesday February 5, 2025 commencing at 10am. The parties shall submit a letter to the Court by 3pm on February 4, 2025 outlining: 1. The parties attempts to "resolve such objections regarding Late Productions" (without disclosing privileged information); and 2. The date each of the Late Productions was delivered to the opposing party. These letters shall, unless directed otherwise by the Court, be filed confidentially. placed on file on 03-FEB-2025 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 03-FEB-2025 re: ID#165 sent up to AJ Crinson
Letter from Plaintiff to the Court dated 03-FEB-2025 in response to ID#163 and requesting a CMC received on 03-FEB-2025
Communication to the Court from the Registry dated 03-FEB-2025 re: ID#163 sent up to AJ Crinson
Letter from Defendant to the Court dated 31-JAN-2025 providing a list of Serono productions remain in issue between the parties received on 31-JAN-2025
Toronto 31-JAN-2025 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Motion Doc. No. 40 on behalf of Plaintiff Result of Hearing: Matter reserved held by way of video conference Duration per day: 31-JAN-2025 from 09:30 to 02:13 Courtroom : Toronto (Zoom) Court Registrar: Kimi Cheong Total Duration: 3hr 44min Appearances: Iris Fischer (416) 863-2400 representing Plaintiff Fiona Legere (416) 863-2400 representing Plaintiff Catherine Phillips-Smith (416) 863-2400 representing Plaintiff Benjamin Hackett (416) 979-2211 representing Defendant Comments: Recorded on ZOOM and TASCAM. Minutes of Hearing entered in Vol. 1124 page(s) 494 - 496 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of Kasia Donovan confirming service of doc 75 upon Plaintiff by email on 31-JAN-2025 filed on 31-JAN-2025
APOTEX MOTION RECORD-PUBLIC VERSION of Doc 63 (containing docs 73, 74) filed on 31-JAN-2025
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 49 filed on 31-JAN-2025
Affidavit of Nicole Roth sworn on 24-JAN-2025 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 49 with Exhibits A-D filed on 31-JAN-2025
Solicitor's certificate of service on behalf of CATHERINE PHILLIPS-SMITH confirming service of Plaintiffs' Compendium dated January 30, 2025 upon Defendant by email on 30-JAN-2025 filed on 30-JAN-2025
Compendium on behalf of the Plaintiffs received on 30-JAN-2025
Letter from Plaintiff dated 30-JAN-2025 Please find enclosed the Plaintiffs' Compendium; and A copy of Teva Canada Limited v. Janssen Inc., 2023 FCA 68 received on 30-JAN-2025
Solicitor's certificate of service on behalf of RICHARD DU confirming service of Doc 70 upon Defendant by electronic mail on 30-JAN-2025 filed on 30-JAN-2025
Public Version of Responding Motion Record original filed on 24-JAN-2025 (Doc 67) on behalf of the Plaintiffs filed on 30-JAN-2025
Acknowledgment of Receipt received from the parties with respect to doc#69 placed on file on 28-JAN-2025
Order dated 28-JAN-2025 rendered by Associate Judge Michael D. Crinson Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: 1. This Order does not replace or detract from each parties' ongoing obligations to produce relevant documents to opposing parties. 2. Any documents produced after January 28, 2025 cannot be introduced into evidence by the producing party, or those aligned in interest, without leave of the Court. 3. The parties shall forthwith identify to each other any documentary productions a party objects to being introduced into evidence based upon the timing of disclosure of such production ("Late Productions"). The parties are to confer in an attempt to resolve such objections regarding Late Productions. 4. The parties shall notify the Court of any specific Late Productions remaining in issue by January 31, 2025. Filed on 28-JAN-2025 copies sent to parties entered in J. & O. Book, volume 1701 page(s) 442 - 443 Interlocutory Decision
Toronto 28-JAN-2025 BEFORE Associate Judge Michael D. Crinson Language: E Before the Court: Case Management Conference Result of Hearing: Order to be issued today re: further production of documents held by way of video conference Duration per day: 28-JAN-2025 from 08:45 to 08:58 Courtroom : Videoconference Room - Toronto Court Registrar: Draga-Sladja Kosoric Total Duration: 13 min Appearances: Fiona Legere, Geoffrey Mowatt, and Richard Du n/a representing Plaintiff Harry Radomski, Kasia Donovan, Ben Hackett n/a representing Defendant Comments: Matter was recorded via Zoom. Minutes of Hearing entered in Vol. 1124 page(s) 373 - 374 Abstract of Hearing placed on file
Letter from Plaintiff to the Court dated 27-JAN-2025 in response to ID#146 in advance of the CMC on 28-JAN-2025 received on 27-JAN-2025
Acknowledgment of Receipt received from the parties with respect to ID#147 placed on file on 27-JAN-2025
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 27-JAN-2025 directing that A case management conference (CMC) is scheduled on January 28, 2025 via Zoom commencing at 8.45am. placed on file on 27-JAN-2025 Confirmed in writing to the party(ies)
Letter from Defendant to the Court dated 24-JAN-2025 requesting a CMC received on 24-JAN-2025
Solicitor's certificate of service on behalf of Catherine Phillips-Smith confirming service of ID 143-144 upon Defendant by electronic mail on 24-JAN-2025 filed on 24-JAN-2025
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 24-JAN-2025 Sent directly to Presiding Judge
Confidential Motion Record in response to Motion Doc 40 containing the following original document(s): 65 66 Number of copies received: 1 on behalf of the Plaintiff filed on 24-JAN-2025
Written Representations (Confidential) contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 40 filed on 24-JAN-2025
Affidavit of Christine Lau (Confidential) sworn on 24-JAN-2025 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 40 with Exhibits A-H filed on 24-JAN-2025
Solicitor's certificate of service on behalf of Kasia Donovan confirming service of ID 138-139 upon Plaintiff by electronic mail on 24-JAN-2025 filed on 24-JAN-2025
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 24-JAN-2025 Sent directly to Presiding Judge
Confidential Motion Record in response to Motion Doc 49 containing the following original document(s): 61 62 Number of copies received: 1 on behalf of the Defendant filed on 24-JAN-2025
Written Representations (Confidential) contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 49 filed on 24-JAN-2025
Affidavit of Nicole Roth (Confidential) sworn on 24-JAN-2025 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 49 with Exhibits A-D filed on 24-JAN-2025
Solicitor's certificate of service on behalf of CATHERINE PHILLIPS-SMITH confirming service of Doc 59 upon Defendant by electronic mail on 21-JAN-2025 filed on 21-JAN-2025
Supplementary Confidential Motion Record containing the following original document: 58 Number of copies recieved: 1 on behalf of Plaintiff filed on 21-JAN-2025
Supplementary Affidavit of Christine Lau (Confidential) sworn on 21-JAN-2025 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 49 with Exhibits A-D filed on 21-JAN-2025
Solicitor's certificate of service on behalf of RICHARD DU confirming service of Doc 56 upon Defendant by electronic mail on 21-JAN-2025 filed on 21-JAN-2025
Public Version of Motion Record (Doc 52) originally filed on 20-JAN-2025 on behalf of the Plaintiff filed on 21-JAN-2025
Solicitor's certificate of service on behalf of Kasia Donovan confirming service of Doc 54 upon Plaintiff by electronic mail on 21-JAN-2025 filed on 21-JAN-2025
Public version of Motion Record (Doc 43) originally filed on 17-JAN-2025 on behalf of the Defendant filed on 21-JAN-2025
Letter from Defendant dated 17-JAN-2025 Requesting that a witness be permitted to testify by videoconference as they live out of the country received on 17-JAN-2025
Letter from Plaintiff dated 17-JAN-2025 Requesting leave for a fact witness to testify by videoconference at trial received on 17-JAN-2025
Solicitor's certificate of service on behalf of CATHERINE PHILLIPS-SMITH confirming service of Doc 52 upon Defendant by electronic mail on 20-JAN-2025 filed on 20-JAN-2025
Confidential Amended Motion Record containing the following original documents: 49, 50, 51 Number of copies received: 1 on behalf of the Plaintiff filed on 20-JAN-2025
Written Representations Amended (Confidential) contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 49 filed on 20-JAN-2025
Affidavit of Christine Lau (Confidential) sworn on 20-JAN-2025 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 49 with Exhibits A-M filed on 20-JAN-2025
Amended Confidential Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 31-JAN-2025 to begin at 09:30 for an Order granting leave to file Reply Expert Report filed on 20-JAN-2025
Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 21-JAN-2025 directing that The revised motion record may be accepted for filing placed on file on 21-JAN-2025 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 21-JAN-2025 re: ID 119 sent to trial judge
Letter from Plaintiff dated 20-JAN-2025 Requesting the Court use a Fresh As Amended Motion Record instead of the one filed on 17-JAN-2025 received on 20-JAN-2025
Acknowledgment of Receipt received from the parties with respect to ID#117 placed on file on 20-JAN-2025
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 20-JAN-2025 directing that By Direction dated January 16, 2025, motions for leave to file reply expert reports were scheduled to be heard on January 31, 2025 in Toronto in person commencing at 9.30am. Those motions shall now be heard virtually on the Zoom platform on January 31, 2025, commencing at 9.30am. placed on file on 20-JAN-2025 Confirmed in writing to the party(ies)
Solicitor's certificate of service on behalf of CATHERINE PHILLIPS-SMITH confirming service of ID 114-115 upon Defendant by electronic mail on 17-JAN-2025 filed on 17-JAN-2025
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 17-JAN-2025 Sent directly to Presiding Judge
Confidential Motion Record containing the following original document(s): 45 46 Number of copies received: 1 on behalf of the Defendant filed on 17-JAN-2025
Written Representations (Confidential) contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 45 filed on 17-JAN-2025
Confidential Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 31-JAN-2025 to begin at 09:30 for an Order granting leave to file a Reply Expert Report filed on 17-JAN-2025
Solicitor's certificate of service on behalf of Kasia Donovan confirming service of ID 102-103 upon Plaintiff by electronic mail on 17-JAN-2025 filed on 17-JAN-2025
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 17-JAN-2025 Sent directly to Presiding Judge
Confidential Motion Record containing the following original document(s): 40 41 42 Number of copies received: 1 on behalf of the Plaintiff filed on 17-JAN-2025
Written Representations (Confidential) contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 40 filed on 17-JAN-2025
Affidavit of Nicole Roth (Confidential) sworn on 17-JAN-2025 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 40 with Exhibits A-E filed on 17-JAN-2025
Confidential Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 31-JAN-2025 to begin at 09:30 for an Order granting leave to file a Reply Expert Report filed on 17-JAN-2025
Acknowledgment of Receipt received from the parties with respect to ID#103 and doc#39 placed on file on 17-JAN-2025
CONFIDENTIALITY ORDER dated 17-JAN-2025 rendered by Associate Judge Michael D. Crinson Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 16-JAN-2025 Result: granted Filed on 17-JAN-2025 copies sent to parties entered in J. & O. Book, volume 1699 page(s) 149 - 153 Interlocutory Decision
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 17-JAN-2025 directing that Any motion records for leave to file reply expert reports that are served and submitted for filing by January 17, 2025 and that contain confidential information as defined in the Court's order dated January 17, 2025 may be filed as Confidential in accordance with that Order. Public versions of such motion records shall be served and filed by Tuesday, January 21, 2025. placed on file on 17-JAN-2025 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 16-JAN-2025 re: id 101 letter/draft sent to Court (CMJ Crinson)
Letter from Plaintiff dated 16-JAN-2025 write to advise the parties have agreed on and jointly request the Court issue attached confidentiality order... received at hearing on 16-JAN-2025
Acknowledgment of Receipt received from the parties with respect to ID#99 placed on file on 16-JAN-2025
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 16-JAN-2025 directing that As discussed at a trial management conference held January 9, 2025 the following schedule was resolved: 1. Motions for leave to file reply expert reports shall be heard on January 31, 2025 in Toronto in person commencing at 9.30am. In preparation for such motions: a. Moving parties' motion records are to be served and filed by January 17, 2025; and b. Responding parties' motion records are to be served and filed by January 24, 2025; 2. A further trial management conference shall be convened by Zoom on February 17, 2025 commencing at 1.30pm. Prior to that trial management conference the parties shall: a. Exchange fact witness affidavits or statements of fact; and b. Submit to the Court a joint proposed schedule of remaining steps to trial. placed on file on 16-JAN-2025 Confirmed in writing to the party(ies)
Acknowledgment of Receipt received from the parties with respect to ID#97 placed on file on 15-JAN-2025
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 15-JAN-2025 directing that At the trial management conference held January 9, 2025 the parties raised the issue of a confidentiality order to permit the confidential filing of motion records for a motion for reply evidence currently scheduled to be heard January 31, 2025. The moving record is scheduled to be served and filed by January 17, 2025. Any jointly proposed confidentiality order proposed by the parties should be forwarded to the Court with an accompanying letter indicating the relief is on consent and the basis for the request for confidentiality by January 16, 2025 at 2pm. placed on file on 15-JAN-2025 Confirmed in writing to the party(ies)
Toronto 09-JAN-2025 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Trial Management Conference Result of Hearing: Motion to be heard January 31, 2025. Next TMC to be scheduled on February 17, 2025 at 1:30 PM held by way of video conference Duration per day: 09-JAN-2025 from 16:02 to 16:36 Courtroom : Toronto (Zoom) Court Registrar: Manshu Li Total Duration: 34min Appearances: F. LEGERE / G. MOWATT / I. FISCHER / C. PHILLIPS-SMITH /R. DU (416-863-4259 / 416-863-2483 / 416-863-2408 / 416-863-2676 / 416-863-3171) representing Plaintiffs H. RADOMSKI / B. HACKETT / K. DONOVAN (416-597-4142 / 416-849-6900 / 416-597-4106) representing Defendant Comments: Zoom and TASCAM recorded Minutes of Hearing entered in Vol. 1123 page(s) 352 - 353 Abstract of Hearing placed on file
Acknowledgment of Receipt received from parties by email with respect to doc 38 placed on file on 19-DEC-2024
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 19-DEC-2024 directing that A TMC will take place on January 9, 2025 at 4:00pm ET via zoom. By noon on Jan 8 parties to submit a jointly proposed agenda, including brief statement of parties' positions on each issue and any changes to the schedule proposed or arising from the extension of time to Dec 27, 2024 for service of defendant's proposed reply evidence. filed on 19-DEC-2024 Confirmed in writing to the party(ies)
Toronto 18-DEC-2024 BEFORE Associate Judge Michael D. Crinson Language: E Before the Court: Case Management Conference Result of Hearing: extension request granted to Dec 27 2024 held by way of video conference Duration per day: 18-DEC-2024 from 04:45 to 04:50 Courtroom : Toronto (Zoom) Court Registrar: Michelle Gauvin Total Duration: 5min Appearances: Fiona Legere, Geoff Mowatt n/a representing Plaintiff Harry Radomski, Kasia Donovan, Benjamin Hackett n/a representing Defendant Comments: zoom recording Minutes of Hearing entered in Vol. 1123 page(s) 34 - 35 Abstract of Hearing placed on file
Toronto 18-DEC-2024 BEFORE Associate Judge Michael D. Crinson Language: E Before the Court: Case Management Conference Result of Hearing: TMC will take place on 9-JAN-2024 at 4:00 pm. held by way of video conference Duration per day: 18-DEC-2024 from 01:38 to 02:08 Courtroom : Videoconference Room - Toronto Court Registrar: Draga-Sladja Kosoric Total Duration: 30 min Appearances: Fiona Legere and Geoff Mowatt n/a representing Plaintiff Harry Radomski, Ben Hackett, Kasia Donovan n/a representing Defendant Comments: Matter was recorded via Zoom. Minutes of Hearing entered in Vol. 1123 page(s) 20 - 21 Abstract of Hearing placed on file
Communication to the Court from the Registry dated 18-DEC-2024 re: ID#89 and 90 sent up to the Court
Letter from Plaintiff to the Court dated 18-DEC-2024 in response to ID#85 for CMC today received on 18-DEC-2024
Letter from Plaintiff to the Court dated 18-DEC-2024 providing mutually available dates for a TMC and agenda received on 18-DEC-2024
Acknowledgment of Receipt received from the parties with respect to ID#87 placed on file on 18-DEC-2024
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 18-DEC-2024 directing that A case management conference (CMC) will take place on December 18, 2024 at 1.30pm via Zoom. placed on file on 18-DEC-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 18-DEC-2024 re: ID#85 sent up to the Court
Letter from Defendant to the Court dated 17-DEC-2024 requesting a CMC and providing joint availability received on 17-DEC-2024
Acknowledgment of Receipt received from the parties with respect to ID#83 placed on file on 20-SEP-2024
DOWNLOAD Oral directions received from the Court: Associate Judge Michael D. Crinson dated 20-SEP-2024 directing that As jointly requested by the parties in respect of the Court's Direction dated August 8, 2023 setting a schedule in this matter, notwithstanding paragraph 17 of that Direction, the parties are granted an extension of time to December 20, 2024 to identify for opposing parties and the Court any objections to expert reports in chief. placed on file on 20-SEP-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 20-SEP-2024 re: ID#81 sent up to the Court
Letter from Plaintiff to the Court dated 20-SEP-2024 with consent to request the Court amend its Oral Direction dated 8-AUG-2023 received on 20-SEP-2024
Acknowledgment of Receipt received from parties by email with respect to Doc 37 placed on file on 03-SEP-2024
Amended Protective Order dated 03-SEP-2024 rendered by Associate Judge Michael D. Crinson Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 30-JUL-2024 Result: granted Filed on 03-SEP-2024 copies sent to parties entered in J. & O. Book, volume 1673 page(s) 229 - 247 Interlocutory Decision
Covering letter from Plaintiff dated 06-AUG-2024 concerning Doc. No. 36 placed on file on 07-AUG-2024
Notice of consent to electronic service on behalf of all parties filed on 07-AUG-2024
Communication to the Court from the Registry dated 30-JUL-2024 re: id 75 with draft amended protective order sent to AJ Crinson for issuance
Letter from Plaintiff dated 30-JUL-2024 write to request Court issue attached amended protective order by consent... received on 30-JUL-2024
Covering letter from Plaintiff dated 30-JUL-2024 concerning Doc. No. 35 placed on file on 30-JUL-2024
Notice of change of solicitor on behalf of Plaintiff filed on 30-JUL-2024
Acknowledgment of Receipt received from parties by email with respect to Doc 34 placed on file on 23-JUL-2024
DOWNLOAD Order dated 23-JUL-2024 rendered by Associate Judge Michael D. Crinson Matter considered with personal appearance The Court's decision is with regard to Oral motion Docs 27 and 30 Result: 1.Apotex is not required to answer items 4, 132 and 137 from Serono's motion to compel 2.Serono shall answer item 1 from Apotex motion to compel. The answer to this question shall be delivered to Apotex by July 29, 2024. 3.There shall be no costs awarded for these motions. Filed on 23-JUL-2024 copies sent to parties entered in J. & O. Book, volume 1666 page(s) 256 - 265 Interlocutory Decision
Toronto 25-JUN-2024 BEFORE Associate Judge Michael D. Crinson Language: E Before the Court: Case Management Conference Result of Hearing: Matter reserved held in Court Senior Usher: John Stephens Duration per day: 25-JUN-2024 from 10:35 to 12:06 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Draga-Sladja Kosoric Total Duration: 1 H 31 MIN Appearances: Fiona Legere and Veronica Van Dalen n/a representing Plaintiff Jordan Scopa and Kasia Donovan n/a representing Defendant Minutes of Hearing entered in Vol. 1116 page(s) 127 - 129 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of VERONICA VAN DALEN confirming service of doc#28, 29 and ID#62, 63 upon Defendant by e-mail on 21-JUN-2024 filed on 21-JUN-2024
Solicitor's certificate of service on behalf of Kasia Donovan confirming service of Doc 31 and ids 66 and 67 upon Plaintiff by email on 21-JUN-2024 filed on 21-JUN-2024
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 21-JUN-2024 Sent directly to Presiding Judge
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 21-JUN-2024 Sent directly to Presiding Judge
Sealed envelope pursuant to Protective Order on behalf of Defendant purporting to contain motion record -contains doc 30 Filed on 21-JUN-2024
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 25-JUN-2024 to begin at 10:30 for an Order to compel answers to questions filed on 21-JUN-2024
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 21-JUN-2024 Sent directly to Presiding Judge
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 21-JUN-2024 Sent directly to Presiding Judge
Sealed envelope pursuant to Protective Order in Cladribine matter on behalf of Plaintiff purporting to contain motion record (volume 2 of 2) Filed on 21-JUN-2024
Sealed envelope pursuant to Protective Order Cladribine matter on behalf of Plaintiff purporting to contain motion record _(Volume 1 of 2) Filed on 21-JUN-2024
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 25-JUN-2024 to begin at 10:30 for an Order motion to compel answers filed on 21-JUN-2024
Letter from Plaintiff to the Court dated 21-JUN-2024 re: narrowing of motions to be heard on 25-JUN-2024 received on 21-JUN-2024
Letter from Plaintiff dated 20-JUN-2024 write with consent of Apotex..request Court consider setting motion Jun 25 at 10:30 instead... received on 20-JUN-2024
Letter from Plaintiff dated 20-JUN-2024 write with consent of Apotexn with respect of motion to compel...parties concluding negotiations to narrow motions and request deadline for filing responding submissions to June 21...request time set for hearings be reduced... received on 20-JUN-2024
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 13-JUN-2024 directing that The 2 day extension for the responding party to serve and file responding charts is allowed. placed on file on 13-JUN-2024 Confirmed in writing to the party(ies)
Letter from Plaintiff to the Court dated 12-JUN-2024 with consent requesting an extension to 20-JUN-2024 to file motion materials received on 12-JUN-2024
Acknowledgment of Receipt received from all parties via email with respect to O & R Doc 26 placed on file on 29-MAY-2024
DOWNLOAD Order and Reasons dated 29-MAY-2024 rendered by Michael Crinson, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 15 Result: The redacted version of the Acknowledgement and Certification of Information Received related to Apotex Inc's generic cladribine submission attached to the notice as Schedule A is not confidential and shall not continue to be treated as designated Confidential Information pursuant to the August 23, 2023 Protective Order. 2.Costs in the amount of $1,500.00 are payable by the defendant to the plaintiffs in the cause. Filed on 29-MAY-2024 copies sent to parties entered in J. & O. Book, volume 1655 page(s) 443 - 448 Interlocutory Decision
Toronto 29-MAY-2024 BEFORE Michael Crinson, Prothonotary Language: E Before the Court: Motion Doc. No. 15 on behalf of Plaintiff decision in motion doc 15 will apply to T-1369-23(motion doc 60)-no oral submissions for T-1369-23 Result of Hearing: Matter reserved held by way of video conference Duration per day: 29-MAY-2024 from 01:00 to 02:00 Courtroom : Toronto (Zoom) Court Registrar: Michelle Gauvin Total Duration: 1h Appearances: Fiona Legere and Bohdana Tkachuk nn/a representing Plaintiff Ben Hackett and Harry Radomski n/a representing Defendant Comments: zoom recording; Order to be issued by end of day today Minutes of Hearing entered in Vol. 1114 page(s) 264 - 265 Abstract of Hearing placed on file
COMPENDIUM OF THE PLAINTIFFS (CONFIDENTIAL) received on 29-MAY-2024
Supplemental Book of Auth consisting of 1 volume(s) on behalf of Plaintiff received on 29-MAY-2024 Sent directly to Presiding Judge
Solicitor's certificate of service on behalf of Benjamin Hackett confirming service of doc#24 upon Plaintiff by e-mail on 28-MAY-2024 filed on 28-MAY-2024
Written Representations (CONFIDENTIAL) on behalf of Defendant concerning Motion Doc. No. 15 filed on 28-MAY-2024
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 28-MAY-2024 directing that Pursuant to a request submitted by letter on behalf of all parties the schedule for this action previously issued on August 8, 2023, continues in effect subject only to the modified dates that follow: 11. The parties shall exchange moving parties charts for motions to compel by May 29, 2024; - Parties to attempt to narrow the motion by June 11, 2024; 12. The responding party on any motion to compel shall serve and file any responding charts by June 18, 2024; 14. Motions to compel shall be heard in person in Toronto on June 25, 2024 commencing at 9.30am for a period not exceeding three hours and continuing on June 26, 2024 commencing at 9.30am for a period not exceeding three hours. placed on file on 28-MAY-2024 Confirmed in writing to the party(ies)
Solicitor's certificate of service on behalf of BOHDANA TKACHUK confirming service of doc#22 and ID#44 upon Defendant by e-mail on 27-MAY-2024 filed on 27-MAY-2024
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 27-MAY-2024
Motion Record containing the following original document(s): 15 16 18 20 21 Number of copies received: 1 on behalf of Plaintiff (CONFIDENTIAL) filed on 27-MAY-2024
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 15 filed on 27-MAY-2024
Affidavit of SONIA ATWELL (CONFIDENTIAL) sworn on 24-MAY-2024 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 15 with Exhibits A-C filed on 27-MAY-2024
Solicitor's certificate of service on behalf of Benjamin Hackett confirming service of doc#18 upon Plaintiff by e-mail on 23-MAY-2024 filed on 23-MAY-2024
Affidavit of Olga Kalinina (CONFIDENTIAL) sworn on 23-MAY-2024 on behalf of Defendant in opposition to Motion Doc. No. 15 with Exhibits A-C filed on 23-MAY-2024
Letter from Apotex Inc. to the Court dated 23-MAY-2024 requesting extensions with respect to motions to compel with consent received on 23-MAY-2024
Solicitor's certificate of service on behalf of BOHDANA TKACHUK confirming service of doc#15 and 16 upon Defendant by e-mail on 22-MAY-2024 filed on 23-MAY-2024
Affidavit of SONIA ATWELL (CONFIDENTIAL) sworn on 22-MAY-2024 on behalf of Plaintiff in support of Motion Doc. No. 15 with Exhibits A-O filed on 22-MAY-2024
Notice of Motion on behalf of Plaintiff returnable at Special Sitting in Toronto on 29-MAY-2024 to begin at 13:00 for an Order regarding Confidentiality (CONFIDENTIAL) filed on 22-MAY-2024
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 22-MAY-2024 directing that Pursuant to a case management conference on May 21, 2024 to schedule a hearing of a motion challenging confidentiality designations of particular information, the following shall apply: 1. Until designated confidential information, designated pursuant to the order dated August 23, 2023, is held not to be properly designated, the information shall be treated as confidential in accordance with that order; 2. Any notice of motion by the plaintiffs challenging the designated confidentiality shall be served and filed by May 22, 2024; 3. Any evidence in support of maintaining the confidentiality designation shall be served and filed by May 23, 2024; 4. Any cross-examinations on the motion shall be completed by May 24, 2024; 5. The plaintiffs' motion record shall be served and filed by noon on May 27, 2024; 6. The defendant's responding motion record shall be served and filed by May 28, 2024; The motion shall be heard by Zoom on May 29, 2024 commencing at 1pm for a duration not exceeding 1 hour. placed on file on 22-MAY-2024 Confirmed in writing to the party(ies)
Toronto 21-MAY-2024 BEFORE Michael Crinson, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Motion on 29-MAY-2024 via Zoom for 1 hour starting at 1:00 pm. held by way of video conference Duration per day: 21-MAY-2024 from 14:02 to 14:24 Courtroom : Videoconference Room - Toronto Court Registrar: Draga-Sladja Kosoric Total Duration: 22 min Appearances: Fiona Legere and Bohdana Tkachuk n/a representing Plaintiff Ben Hackett, Harry Radomski n/a representing Defendant Comments: Matter was recorded via Zoom. Minutes of Hearing entered in Vol. 1114 page(s) 83 - 84 Abstract of Hearing placed on file
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 21-MAY-2024 directing that A case management conference shall take place on May 21, 2024 beginning at 2:00 pm via Zoom. placed on file on 21-MAY-2024 Confirmed in writing to the party(ies)
Communication to the Court from the Registry dated 17-MAY-2024 re: ID#30 sent up to AJ Crinson
Letter from Plaintiff to the Court dated 17-MAY-2024 with consent requesting a CMC on May 21 received on 17-MAY-2024
Acknowledgment of Receipt received from the parties with respect to doc#14 placed on file on 15-JAN-2024
DOWNLOAD Order dated 12-JAN-2024 rendered by Michael Crinson, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 10-JAN-2024 Result: In the civil matter of EMD Serono, A Division of EMD Inc., Canada and Merck Serono SA v. Apotex Inc., proceeding ... see attached E-ORDER Filed on 12-JAN-2024 copies sent to parties entered in J. & O. Book, volume 1630 page(s) 401 - 403 Interlocutory Decision
Toronto 11-JAN-2024 BEFORE Michael Crinson, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Ms. Tkachuk will re-draft the Order to be issued today. held by way of video conference Duration per day: 11-JAN-2024 from 09:22 to 09:30 Courtroom : Videoconference Room - Toronto Court Registrar: Draga-Sladja Kosoric Total Duration: 8 min Appearances: Bohdana Tkachuk, Fiona Legere n/a representing Plaintiff Benjamin Hackett n/a representing Defendant Comments: Matter was recorded via Zoom. Minutes of Hearing entered in Vol. 1107 page(s) 336 - 337 Abstract of Hearing placed on file
Letter from Plaintiff to the Court dated 10-JAN-2024 on behalf of both parties re: discoveries of Dr. Munafo requiring an Order received on 11-JAN-2024
Letter from Plaintiff to the Court dated 31-AUG-2023 on behalf of both parties advising they do not need a CMC at this time. received on 31-AUG-2023
Acknowledgment of Receipt received from the parties with respect to doc#13 placed on file on 23-AUG-2023
PROTECTIVE ORDER dated 23-AUG-2023 rendered by Michael Crinson, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 21-AUG-2023 Result: I. DEFINITIONS 1. In this Order: a) "Apotex" means Apotex Inc.; b) "Confidential Information" means the Information referred to in paragraph 4(a) hereof ... see attached e-order Filed on 23-AUG-2023 copies sent to parties entered in J. & O. Book, volume 1609 page(s) 336 - 353 Interlocutory Decision
Letter from Plaintiff to the Court dated 21-AUG-2023 seeking a protective order on consent received on 21-AUG-2023
Acknowledgment of Receipt received from both parties with respect to doc 12 placed on file on 08-AUG-2023
DOWNLOAD Order (time and place) dated 08-AUG-2023 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Toronto on 03-MAR-2025 to begin at 09:30 duration: 9j language: E Filed on 08-AUG-2023 cc's sent to parties entered in J. & O. Book, volume 1607 page(s) 366 - 366 Transmittal letters placed on file
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 08-AUG-2023 directing that In light of correspondence from the parties and pursuant to a case management conference and submissions from counsel ...see attached direction placed on file on 08-AUG-2023 Confirmed in writing to the party(ies)
DOWNLOAD Toronto 04-AUG-2023 BEFORE The Honourable Mr. Justice Manson Language: E Before the Court: Case Management Conference Result of Hearing: Any motions will be heard on 13-JUN-2024 followed by a CMC. held by way of video conference Duration per day: 04-AUG-2023 from 02:00 to 02:33 Courtroom : Videoconference Room - Toronto Court Registrar: Draga-Sladja Kosoric Total Duration: 33 min Appearances: Fiona Legere and Bohdana Tkachuk n/a representing Plaintiff Harry Radomski and Ben Hackett n/a representing Defendant Comments: Matter was recorded via Zoom. Minutes of Hearing entered in Vol. 1100 page(s) 14 - 16 Abstract of Hearing placed on file
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 05-JUL-2023 directing that The initial case management conference will take place on August 4, 2023 via Zoom at 2:00pm ET. placed on file on 05-JUL-2023 Confirmed in writing to the party(ies)
Solicitor's certificate of service on behalf of Fiona Legere confirming service of doc#10 upon Defendant by e-mail on 26-JUN-2023 filed on 26-JUN-2023
DOWNLOAD Reply to Statement of Defence on behalf of Plaintiff Filed on 26-JUN-2023
Consent on behalf of all parties to Electronic Service filed on 26-JUN-2023
Affidavit of service of Emily Seaby sworn on 16-JUN-2023 on behalf of Defendant confirming service of doc#7 upon Plaintiff by e-mail on 16-JUN-2023 with Exhibits A filed on 16-JUN-2023
DOWNLOAD Defence filed on 16-JUN-2023
Letter from Plaintiff dated 14-JUN-2023 write with consent of Apotex...providing proposed dates for CMC along with draft scheduling order and proposed trial dates... received on 14-JUN-2023
Acknowledgment of Receipt received from both parties with respect to doc 5 placed on file on 24-MAY-2023
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 25-MAY-2023 directing that Parties are granted the extension of time to June 14 to provide mutual availability for a CMC and prepare a joint proposed schedule and mutual dates of availability for trial. filed on 25-MAY-2023 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 25-MAY-2023 write with consent of counsel for defendant...request extension to June 14 to request CMC and prepare joint schedule... received on 25-MAY-2023
Acknowledgment of Receipt received from the parties with respect to ID#6 placed on file on 24-MAY-2023
DOWNLOAD Oral directions received from the Court: Michael Crinson, Prothonotary dated 24-MAY-2023 directing that The Plaintiffs shall provide a copy of this direction and attachment to the Defendant. The parties shall then, within 7 days thereafter, consult with one another and submit: (i) An update as to the status of this proceeding, indicating their mutual availability, number of days required (not exceeding 10 days) and the preferred venue for the trial of this action; (ii) A jointly proposed timetable for the steps leading up to the trial of this action, having regard to the steps identified in the attached checklist as applicable; (iii) Dates and times of mutual availability for a case management teleconference Also, when filing pleadings in this Court, please ensure a courtesy copy is sent electronically to the Case Management Team in Toronto, cmt_toronto@cas- satj.gc.ca. placed on file on 24-MAY-2023 Confirmed in writing to the party(ies)
DOWNLOAD Order dated 24-MAY-2023 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Motion ex proprio motu Result: IT IS HEREBY ORDERED THAT: 1. This proceeding shall continue as a specially managed proceeding. 2. Pursuant to Rule 383, Associate Judge Michael D. Crinson is assigned as Case Management Judge in this matter. Filed on 24-MAY-2023 copies sent to parties entered in J. & O. Book, volume 1595 page(s) 430 - 431 Interlocutory Decision
Solicitor's certificate of service on behalf of BOHDANA TKACHUK confirming service of DOC 1 upon Defendant by EMAIL on 17-MAY-2023 filed on 23-MAY-2023
Solicitor's certificate of service on behalf of Ben Hackett confirming service of Doc 2 upon Plaintiff by email on 18-MAY-2023 filed on 18-MAY-2023
Notice of Intention to Respond filed on 18-MAY-2023
Statement of Claim filed on 17-MAY-2023 Tariff other action - $150.00
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