APOTEX INC. v. PFIZER CANADA INC.
Summary of T-1064-13
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: Patent Infringement
Detected Type: PMNOC - Section 8
Parties and Lawyers:| Party | Firm | Lawyer |
|---|---|---|
| APOTEX INC | Goodmans LLP | RADOMSKI, HB |
| APOTEX INC | ||
| PFIZER CANADA INC | ||
| PFIZER CANADA INC | ||
| PFIZER HEALTH AB |
| Name | Number |
|---|---|
| 1339132 |
Patented Medicine: Latanoprost (Medicinal ingredients are based on automated analysis and should not be relied upon.)
Decisions
| Name | Date | Paragraph |
| Apotex Inc. v. Pfizer Inc. et al. 2016 FC 136 | Feb 4, 2016 | Apotex moved for summary judgment on the issue of whether the failure to pay a final fee means that the patent at issue in the underlying Section 8 proceeding was invalid. After reviewing the factual material, including affidavits and/or examinations of the agents and firm at issue, individuals at the patent office and an expert report, the Court concluded that a final fee for large entity nor the proper top-up fee was paid, although the patent office issued the patent. Relying heavily on Weatherford (2011 FCA 228), the court distinguished the consequences to patent applications as compared to issued patents for "administrative breaches" and held that the alleged erroneous final fee payment cannot have the legal effect of invalidating an issued patent. Even though no cross-motion was brought, the motion for summary judgment was granted in favour of the defendants. |
| Apotex Inc. v. Pfizer Canada Inc. 2017 FC 951 | Oct 25, 2017 | [Note: This decision is from 2017 but only posted today.] This is a motion by Apotex Inc. to further amend its Amended Reply and Defence to Counterclaim pursuant to Rule 75(1) of the Federal Courts Rules. ... Pfizer argues that with these amendments, Apotex is improperly trying to repackage the arguments related to the Promise Doctrine rejected by the SCC in Esomeprazole. |
Appeals
The following appeals were taken from decision on this proceeding: [List of appeals is based on automated analysis and should not be relied upon.]
- A-78-16 is an appeal from 2016 FC 136
- A-334-17 is an appeal from a decision dated 2017-10-25
Docket Summary (Google Translate to English)
() 2019-12-18 - OttawaCopy of Order dated 18-DEC-2019 rendered by The Honourable Mr. Justice Stratas The Honourable Mr. Justice Rennie The Honourable Madam Justice Woods placed on file. Original filed on Court File No. A-334-17
Certified French language Translation of Order rendered on 01-NOV-2018 by The Honourable Mr. Justice Manson filed on 28-NOV-2018 pursuant to s. 20 of the Official Languages Act. entered in J. & O. Book, volume 1393 page(s) 219 - 220
Certified French language Translation of Order and Reasons rendered on 25-OCT-2017 by The Honourable Mr. Justice Manson filed on 28-NOV-2018 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Order entered in J. & O. Book, volume 1393 page(s) 217 - 218 and copy placed on file.
Fax Confirmation received from all parties with respect to doc 207 placed on file on 01-NOV-2018
Order dated 01-NOV-2018 rendered by The Honourable Mr. Justice Manson Matter considered without personal appearance The Court's decision is with regard to Letter from all parties on consent dated 30-OCT-2018 Result: granted the action and counterclaim be dismissed without costs Filed on 01-NOV-2018 copies sent to parties entered in J. & O. Book, volume 1390 page(s) 96 - 96 Final Decision
Consent on behalf of all parties to an Order dismissing the action and counterclaim without costs in the form attached as Appendix "A" (reflecting amended style of cause - Order Doc.205) filed on 30-OCT-2018
Acknowledgment of Receipt received from Plaintiff / Defendants (sent by fax) with respect to Order doc 205 placed on file on 30-OCT-2018
Order dated 30-OCT-2018 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 25-OCT-2018 re: to amend the style of cause. Result: granted Filed on 30-OCT-2018 copies sent to parties entered in J. & O. Book, volume 1389 page(s) 281 - 283 Interlocutory Decision
Letter from Plaintiff (Defendant by Counterclaim) with consent dated 30-OCT-2018 "We are counsel to Apotex in the actions noted above and we write with the consent of Pfizer. Kindly provide a copy of this letter to Justice Manson. We write further to our letter dated October 26, 2018. Please find enclosed: - In T-1064-13, a Consent on behalf of all parties to the issuance of the draft Order found at Appendix "A" thereto, dismisisng the action and counterclaim without costs; and - In T-393-14, a Consent on behalf of all parties to the issuance of the draft Order found at Appendix "B" thereto, dismissing the action without cots. We respectfully request that Justice Manson issue the Orders. If Justice Manson requires any clarification, we would be happy to make ourselves available for a tele-conference." cc. Pfizer via email received on 30-OCT-2018
Consent on behalf of all parties to an order dismissing the action and counterclaim, without costs, in the form attached as Appendix "A" filed on 30-OCT-2018
Communication to the Court from the Registry dated 30-OCT-2018 re: Defendants letter dated Oct. 25/18 (ID 365) sent for disposition.
Letter from Defendant to Federal Court dated 25-OCT-2018 Informal reuquest seeking an amendment to the style of cause in T-1064-13 & T-393-14. On consent and draft order attached. received on 25-OCT-2018
Oral directions received from the Court: The Honourable Mr. Justice Manson dated 24-OCT-2018 directing that "Having considered the correspondence from counsel for the parties dated October 22 and 23, 2018, I am prepared to refrain from viewing the expert reports of Doctor Levin (September) and Dr.Macdonald until Friday, on the basis that Pfizer shall have the opportunity to either file a redacted version of those reports by Friday, dealing with only those issues still before the Court and shall have the earlier versions returned without the Court viewing same, or, if Pfizer maintains the position that the reports in unredacted form remain relevant as filed, then I will hear argument next week to determine the matter. If an agreement cannot be reached, significant costs will follow for the losing party." parties advised by email placed on file on 24-OCT-2018 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 23-OCT-2018 "...This afternoon we were provided with a copy of counsel to Pfizer's letter to the court dated October 22, 2018 relating to expert reports... we request that the trial judge not review...and that Pfizer deliver redacted versions of these reports..." cc to Defendant received on 24-OCT-2018
Letter from Defendant dated 22-OCT-2018 re: enclosed expert reports of Pfizer (including electronic versions on USB key) received on 22-OCT-2018
Letter from Plaintiff dated 22-OCT-2018 enclosing Chief Expert Reports further to the TMC that took place on 15-OCT-2018 received on 22-OCT-2018
Toronto 15-OCT-2018 BEFORE The Honourable Mr. Justice Manson Language: E Before the Court: Trial Management Conference Held by telephone between Vancouver and Toronto together with T-393-14 Result of Hearing: The parties are to provide the Court with advance copies of the expert reports by Monday October 22, 2018 (Hard copy and Electronic); Draft joint Trial Calendar to be provided to the Court for approval; Parties to update the Court on housekeeping motions on consent. held by way of Conference Call Duration per day: 15-OCT-2018 from 12:00 to 12:34 Courtroom : Judge's Chambers - Toronto Court Registrar: Shirley Aciro Total Duration: 34min Appearances: Jordan D. Scopa/Harry Radomski 416-849-6914 representing Plaintiff David Yi/Orestes Pasparakis/Jordana Sanft 416-202-6724 representing Defendant Comments: DARS Z006190 Minutes of Hearing entered in Vol. 1008 page(s) 30 - 34 Abstract of Hearing placed on file
Letter from Defendant dated 12-OCT-2018 Topics to be discussed at TMC on October 15, 2018 cc to Plaintiff received on 12-OCT-2018
Letter from Defendant dated 12-OCT-2018 "...In anticipation of the hearing of this matter...we respectfully request the following..." (facility request) CC to the Plaintiff received on 12-OCT-2018
Writ of Subpoena Ad Testificandum issued on 04-OCT-2018 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant filed on 04-OCT-2018 Tariff any other proceeding - $30.00
Writ of Subpoena Ad Testificandum issued on 04-OCT-2018 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant filed on 04-OCT-2018 Tariff any other proceeding - $30.00
Writ of Subpoena Ad Testificandum issued on 04-OCT-2018 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant filed on 04-OCT-2018 Tariff any other proceeding - $30.00
Oral directions received from the Court: The Honourable Mr. Justice Manson dated 02-OCT-2018 directing that A TMC will be held on October 15, 2018, by telephone between Toronto and Vancouver (12:00PM EST/9:00AM PST)(1h). placed on file on 02-OCT-2018 Confirmed in writing to the party(ies)
Writ of Subpoena Ad Testificandum issued on 20-SEP-2018 cc filed
Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant filed on 20-SEP-2018 Tariff any other proceeding - $30.00
Toronto 18-SEP-2018 BEFORE The Honourable Mr. Justice Manson Language: E Before the Court: Trial Management Conference Result of Hearing: a further trial management conference is tentatively scheduled for either 8-OCT-2018 or 9-OCT-2018 held by way of Conference Call in chambers Duration per day: 18-SEP-2018 from 09:02 to 09:05 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 3min Appearances: Andrew Brodkin and Jerry Topolski 416-597-4278 representing Plaintiff Orestis Pasparakis, David Yi, Jordana Sanft and Daniel Daniele 416-216-4798 representing Defendant Minutes of Hearing entered in Vol. 1005 page(s) 492 - 494 Abstract of Hearing placed on file
Oral directions received from the Court: The Honourable Mr. Justice Manson dated 13-SEP-2018 directing that a trial management teleconference will take place on 18-SEP-2018 at 9:00 a.m. for a duration of 1 hour. placed on file on 13-SEP-2018
Solicitor's certificate of service on behalf of Morgan Westgate confirming service of doc#193, doc#194 & ID#344 upon Defendant by personal service on 03-AUG-2018 filed on 03-AUG-2018
Sealed envelope pursuant to confidentiality order dated Aug 17,2016 on behalf of Plaintiff purporting to contain confidential motion record (public version doc#193) Filed on 03-AUG-2018
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 03-AUG-2018
Motion Record containing the following original document(s): 189 190 191 192 Number of copies received: 3 on behalf of Plaintiff by Counterclaim - Public Version (5 volumes) filed on 03-AUG-2018
Written Representations (confidential) contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 189 filed on 03-AUG-2018
Affidavit of Paula Frederick sworn on 03-AUG-2018 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 189 with Exhibits A-L (confidential affidavit) filed on 03-AUG-2018
Affidavit of Christian Landeta sworn on 03-AUG-2018 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 189 with Exhibits A-G filed on 03-AUG-2018
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 23-AUG-2018 to begin at 09:30 for an Order compelling the Plaintiff, Apotex Inc. to answer questions that were refused at the third round examination for discovery of the Apotex ......and other such relief; filed on 03-AUG-2018
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 25-JUL-2018 directing that Pfizer's motion to compel will be heard on 23-AUG-2018 at 1:30 p.m. in Toronto for a duration of 2 hrs. All motion materials to be exchanged a and filed with the court by 12:00 p.m. on 20-AUG-2018 placed on file on 25-JUL-2018
Letter from Defendant dated 13-JUN-2018 with enclosed draft Notice of Motion (refusals) and requesting that the Court provide its availability for a half-day hearing in July or August 2018 (cc'd to all parties) received on 14-JUN-2018
Copy of Notice of Cross Appeal for the Order of Justice Manson dated 25-oct-2017 on behalf of Respondent dated 16-NOV-2017 placed on file on 24-NOV-2017 Original filed on Court File No. A-334-17
Solicitor's certificate of service on behalf of TRACEY STOTT confirming service of DOC 186 AND DOC 187 upon Plaintiff by E-MAIL on 24-NOV-2017 filed on 24-NOV-2017
PUBLIC VERSION: FURTHER AMENDED REPLY AND DEFENCE TO COUNTERCLAIM BY PFIZER filed on 24-NOV-2017
Sealed envelope pursuant to Court oder dated 17-AUG-2016 on behalf of Defendant(Pfizer) purporting to contain FURTHER AMENDED REPLY AND DEFENCE TO COUNTERCLAIM Filed on 24-NOV-2017
Copy of Notice of Appeal (Appeal Court File No. A-334-17 ) appealing the Order of Justice Manson dated October 25, 2017. filed in the Court of Appeal on 06-NOV-2017 on behalf of Plaintiff placed on file on 14-NOV-2017
Solicitor's certificate of service on behalf of Jordan D. Scopa confirming service of doc. 184 upon Defendant and Plaintiff by Counterclaim by email on consent on 08-NOV-2017 filed on 08-NOV-2017
Further Amended Reply and Defence to Counterclaim filed on 08-NOV-2017
Acknowledgment of Receipt received from all parties with respect to to the Order and Reasons dated October 25th, 2017 and the correction dated October 27th, 2017. placed on file on 01-NOV-2017
Corrections to page(s) 22 of the Reasons of The Honourable Mr. Justice Manson that were dated 25-OCT-2017 received on 27-OCT-2017 Corrected pages sent to parties
Communication to the Court from the Registry dated 26-OCT-2017 re: letter 26-OCT-2017 communicated directly via email to Manson, J
Letter from Plaintiff dated 26-OCT-2017 seeking a correction of the Order 25-OCT-2017 received on 26-OCT-2017
Order and Reasons dated 25-OCT-2017 rendered by The Honourable Mr. Justice Manson Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 174 Result: "1. Apotex's motion to further amend its Amended Reply and Defence to Counterclaim in the form attached as Schedule A hereto is allowed, except for paragraph 10B, which is hereby struck; 2. Pfizer shall have 30 days from the date of this Order to serve and file a Further Amended Reply to Defence to Counterclaim; 3. Costs to Pfizer in any event, to be determined by the trial judge following final submissions at trial." Filed on 25-OCT-2017 copies sent to parties entered in J. & O. Book, volume 1348 page(s) 422 - 422 Interlocutory Decision
Vancouver 16-OCT-2017 BEFORE The Honourable Mr. Justice Manson Language: E Before the Court: Motion Doc. No. 174 on behalf of Plaintiff for an Order granting Plaintiff leave to amend its Amended Reply and Defence to Counterclaim Result of Hearing: Matter reserved held in Court Senior Usher: Philippe Bruneel Duration per day: 16-OCT-2017 from 09:28 to 12:57 Courtroom : Courtroom No. 701 (701) - Vancouver Court Registrar: Ellen Sunohara Total Duration: 3h,29min Appearances: Mr. Harry Radomski, Goodmans LLP, 416.979.2211 representing Plaintiff Mr. Jordan Scopa, Goodmans LLP, 416.979.2211 representing Plaintiff Ms. Jordana Sanft, Norton Rose Fulbright Canada LLP, 416.216.4000 representing Defendant Tracey Stott, Norton Rose Fulbright Canada LLP, 416.216.4000 representing Defendant Comments: DARS machine Z005116 was used to record this hearing Minutes of Hearing entered in Vol. 982 page(s) 338 - 348 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of Tracey Stott confirming service of the Defendant's Responding Motion Record and Book of Authorities (2 vol)) upon Plaintiff by FTP transmission, on consent on 06-OCT-2017 filed on 06-OCT-2017
Book of Authorities consisting of 2 volume(s) on behalf of Defendant received on 06-OCT-2017 Sent directly to Presiding Judge
Motion Record in response to Motion Doc. No. 174 Number of copies received: 3 on behalf of Defendant filed on 06-OCT-2017
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 174 filed on 06-OCT-2017
Letter from Plaintiff dated 25-SEP-2017 providing the Court with a corrected Index page for the BOA that will be used in the motion to amend scheduled 16-OCT-2017 received on 25-SEP-2017
Covering letter from Plaintiff with attached USB key (1 COPY containing Doc. 177 for Manson, J.) dated 22-SEP-2017 concerning Doc. No. 177 placed on file on 22-SEP-2017
Solicitor's certificate of service on behalf of Jordan D. Scopa confirming service of Doc. No. 177 and Authorities upon all parties by process server on 22-SEP-2017 filed on 22-SEP-2017
Affidavit of service of Gordon Bartley sworn on 22-SEP-2017 on behalf of Plaintiff confirming service of Doc. No. 177 and Authorities upon Norton Rose Fulbright Canada LLP, lawyers for the Defendant by process server on 22-SEP-2017 filed on 22-SEP-2017
Book of Authorities consisting of 5 volume(s) on behalf of Plaintiff received on 22-SEP-2017
Motion Record containing the following original document(s): 174 175 176 Number of copies received: 3 on behalf of Plaintiff (4 PUBLIC volumes, 1 CONFIDENTIAL volume, vol. 3) filed on 22-SEP-2017
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 174 filed on 22-SEP-2017
Affidavit of Nicole Roth sworn on 20-SEP-2017 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 174 with Exhibits "A"-"DD" (Exhibit W in SEALED ENVELOPE - CONFIDENTIAL VERSION VOL. 3) filed on 22-SEP-2017
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Vancouver on 16-OCT-2017 to begin at 09:30 for an Order granting Apotex leave to amend its Amended Reply and Defence to Counterclaim; filed on 22-SEP-2017
Memorandum to file from Ellen Sunohara, Vancouver Registry, dated 21-SEP-2017 confirming that Counsels' USB sticks containing documents pertaining to the hearing scheduled on 16-OCT-2017 be accepted for filing placed on file.
Acknowledgment of Receipt received from all parties with respect to Order (Time and Place) Doc. 173 placed on file on 13-SEP-2017
Order (time and place) dated 12-SEP-2017 rendered by C. Perrier, Judicial Administrator and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Toronto on 05-NOV-2018 to begin at 09:30 duration: 22d language: E Filed on 12-SEP-2017 cc's sent to PLEASE NOTE: Closing arguments will take place on Wed. December 12, 2018 at 9:30 for a duration of 3 days entered in J. & O. Book, volume 1345 page(s) 135 - 136 Transmittal letters placed on file
Letter from Defendant dated 01-SEP-2017 detailing reasons for its objections to Apotex's proposed pleadings amendments... received on 01-SEP-2017
Oral directions received from the Court: The Honourable Mr. Justice Manson dated 03-AUG-2017 directing that Apotex's motion to amend pleadings will be heard in Vancouver on 16-OCT-2017 at 9:30 a.m. for a duration of 1 day. Apotex's motion record to be served and filed on or before 22-SEP-2017. Pfizer's responding motion record to be served and filed on or before 6-OCT-2017. placed on file on 03-AUG-2017
Toronto 26-JUL-2017 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: trial judge to hear the motion to amend pleadings in mid-Septebmer, early October. The trial dates in this action will also be vacated and new dates will be canvassed. held by way of Conference Call in chambers Duration per day: 26-JUL-2017 from 11:04 to 11:26 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 22min Appearances: Andrew Brodkin and Jordan Scopa 416-979-2211 representing Plaintiff Jordana Sanft and Tracy Stott 416-216-4000 representing Defendant Minutes of Hearing entered in Vol. 979 page(s) 40 - 43 Abstract of Hearing placed on file
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 19-JUL-2017 directing that a case management conference will take place on this matter on 26-JUL-2017 at 10:30 a.m. for a duration of 30 minutes. placed on file on 19-JUL-2017
Toronto 19-JUL-2017 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: a further case management conference will take place on 26-JUL-2017 at 10:30 a.m. for a duration of 30 minutes. held by way of Conference Call in chambers Duration per day: 19-JUL-2017 from 10:05 to 10:23 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 18min Appearances: Andrew Brodkin and Jordan Scopa 416-979-2211 representing Plaintiff Kristin Wall, Tracy Stott, Jordana Sanft and David Yi 416-216-4000 representing Defendant Minutes of Hearing entered in Vol. 978 page(s) 369 - 371 Abstract of Hearing placed on file
Letter from Defendant dated 13-JUL-2017 responding to Apotex's letter dated 10-JUL-2017 received on 13-JUL-2017
Letter from Plaintiff dated 10-JUL-2017 requesting case conference to discuss pleadings amendments in light of recent decision rendered by the Supreme Court of Canada in 2017 SCC 36 received on 11-JUL-2017
Order dated 21-JUN-2017 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 158 Result: Apotex to provide answers to questions pursuant to terms of attached order.. Filed on 21-JUN-2017 copies sent to parties entered in J. & O. Book, volume 1337 page(s) 458 - 461 Interlocutory Decision
Order dated 21-JUN-2017 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 158 Result: Pfizer to answer questions pursuant to terms of attached order.... Filed on 21-JUN-2017 copies sent to parties entered in J. & O. Book, volume 1337 page(s) 456 - 457 Interlocutory Decision
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 19-JUN-2017 directing that the joint amended timetable provided to the Court on 16-JUN-2017 has been approved placed on file on 19-JUN-2017
Letter from Plaintiff dated 16-JUN-2017 providing the Court with a joint amended timetable received on 16-JUN-2017
Joint Pleadings Brief received on 19-MAY-2017
Motion Record in response to Motion Doc. No. 158 Number of copies received: 3 on behalf of Plaintiff (PUBLIC VERSION of doc. 168) filed on 19-MAY-2017
Solicitor's certificate of service on behalf of Tracey Scott confirming service of doc. 168 upon Plaintiff by email on 19-MAY-2017 filed on 19-MAY-2017
Sealed envelope pursuant to Confidentiality Order dated 17-AUG-2017 on behalf of Defendant purporting to contain Responding Motion Record of Pfizer (Defendant) in response to motion doc. 158 Filed on 19-MAY-2017
Solicitor's certificate of service on behalf of Jordan D. Scopa confirming service of Docs 165, 166 and IDs 290 and 291 upon Defendant by e-mail on 19-MAY-2017 filed on 19-MAY-2017
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 19-MAY-2017
Sealed envelope pursuant to Order of the Court dated 17-AUG-2016 on behalf of Plaintiff purporting to contain Confidential Transcript Brief (re: Pfizer's Motion to Compel) Received on 19-MAY-2017
Public Version of Doc 165 filed on 19-MAY-2017
Sealed envelope pursuant to Order of the Court dated 17-AUG-2016 on behalf of Plaintiff purporting to contain Responding Motion Record of Apotex to Pfizer's Motion to Compel Filed on 19-MAY-2017
Solicitor's certificate of service on behalf of David Yi confirming service of Docs. 162, 163 and Book of Authoritite upon Plaintiff by email on 28-APR-2017 filed on 28-APR-2017
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 28-APR-2017
Public Version of Doc. 162 filed on 28-APR-2017
Sealed envelope pursuant to Order of the Court dated 17-AUG-2016 on behalf of Defendant purporting to contain Pfizer's Motion to Compel Filed on 28-APR-2017
Solicitor's certificate of service on behalf of Jordan D. Scopa confirming service of Docs 159, 160 and Book of Authorities upon Defendants/ Plaintiffs by CC by email on 28-APR-2017 filed on 28-APR-2017
Letter from Defendant dated 27-APR-2017 providing the Court with an amended timetable received on 27-APR-2017
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 28-APR-2017
Public Version of Doc 159 filed on 28-APR-2017
Sealed envelope pursuant to Confidentiality Order dated 17-Aug-2016. on behalf of Plaintiff purporting to contain Doc 158 and Confidential Schedule A & B Filed on 28-APR-2017
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 25-MAY-2017 to begin at 10:00 for an Order compelling the Defendant to provide answers, costs, and such further relief filed on 28-APR-2017
Letter from Defendant dated 07-APR-2017 requesting amendments to the scheduling direction issued on this matter on 22-DEC-2016 received on 07-APR-2017
Acknowledgment of Receipt received from all parties with respect to doc. 157 received by email placed on file on 21-FEB-2017
Order dated 21-FEB-2017 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 140 Result: granted in part Filed on 21-FEB-2017 certified copies sent to parties entered in J. & O. Book, volume 1327 page(s) 126 - 129 Interlocutory Decision
Acknowledgment of Receipt received from all parties with respect to doc. 156 received by email placed on file on 03-FEB-2017
Order dated 03-FEB-2017 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 143 Result: granted in part Filed on 03-FEB-2017 certified copies sent to parties entered in J. & O. Book, volume 1325 page(s) 296 - 300 Interlocutory Decision
Toronto 18-JAN-2017 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the Court will review the transcript and issue an order setting out it's decision held by way of Conference Call Duration per day: 18-JAN-2017 from 02:00 to 02:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Shaun Nelson Total Duration: 20min Appearances: Ms. Cohen, Mr. Topolski 416-849-6912 representing Plaintiff Ms. Wall, Mr. Yi 416-216-3964 representing Defendant Minutes of Hearing entered in Vol. 966 page(s) 389 - 390 Abstract of Hearing placed on file
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 18-JAN-2017 directing that a CMC has been scheduled for 18-JAN-2017 starting at 2:00PM placed on file on 18-JAN-2017
Letter from Plaintiff dated 29-DEC-2016 requesting a CMC received on 29-DEC-2016
Acknowledgment of Receipt received from the parties (via email) with respect to written direction doc. 155 placed on file on 04-JAN-2017
Written directions received from the Court: Kevin Aalto, Prothonotary dated 22-DEC-2016 directing that 1) answers ordered to be provided by 27-JAN-2017; 2) second round of discovery to completed by 10-MAR-2017; 3) answers to undertakings to be given by 7-APR-2017; 4) motions to compel to heard no later than 5-MAY-2017; 5) answers to all questions ordered due 2-JUN-2017; 6) expert reports of both parties delivered by 14-JUL-2017; 7) responding expert reports of both parties due 13-OCT-2017; 8) reply expert reports of the parties due 1-DEC-2017; 9) trial to commence 15-JAN-2018 filed on 22-DEC-2016
Certified French language Translation of ORDER AND REASONS rendered on 04-FEB-2016 by The Honourable Mr. Justice Diner filed on 19-DEC-2016 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of ORDER AND REASONS entered in J. & O. Book, volume 1322 page(s) 177 - 178 and copy placed on file.
Letter from Defendant dated 15-NOV-2016 providing the court with an update ahead of the refusal motion secheduled 16-NOV-2016 received on 15-NOV-2016
Toronto 16-NOV-2016 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Motion Doc. No. 140 on behalf of Plaintiff Result of Hearing: Matter reserved held ADR Room Senior Usher: Doug Duff Duration per day: 16-NOV-2016 from 09:30 to 01:12 Courtroom : Conference Room No. 7-39 - Toronto Court Registrar: Shaun Nelson Total Duration: 3h 42min Appearances: Mr. Topolski, Ms.Cohen 416-979-2211 representing Plaintiff Ms. Wall, Ms. Stott, Mr. Yi 416-216-4000 representing Defendant Minutes of Hearing entered in Vol. 962 page(s) 104 - 107 Abstract of Hearing placed on file
Public Version of Defendant Responding Motion Record filed on 10-NOV-2016
Sealed envelope pursuant to Prusuant to confidentiality order of this Court dated 17-AUG-2016 on behalf of Defendant purporting to contain Motion Record of the Defendants (re:Apotex's Motion to Compel - 1st Round) Filed on 10-NOV-2016
Solicitor's certificate of service on behalf of Tracey Stott confirming service of ID260 and ID261 upon Plaintiff by personal service on 14-NOV-2016 filed on 14-NOV-2016
Defendants Joint Transcript Brief (seal envelope) (T-393-14) received on 14-NOV-2016
Defendants Pleadings Brief (Plaintiff by Counterclaim) (T-393-14) received on 14-NOV-2016
Solicitor's certificate of service on behalf of KIRBY COHEN confirming service of ID 258 upon all parties by E-MAIL on 14-NOV-2016 filed on 14-NOV-2016
Joint Book of Authorities (re: Motions to Compel) received on 14-NOV-2016
Covering letter from Plaintiff dated 09-NOV-2016 concerning Doc. Nos. 147 148 149 placed on file on 09-NOV-2016
Solicitor's certificate of service on behalf of Jordan D. Scopa confirming service of doc 147 and doc 148 upon Defendant by e-mail on 09-NOV-2016 filed on 09-NOV-2016
Affidavit of Nicole Roth sworn on 09-NOV-2016 on behalf of Plaintiff in support of Notice of Application Doc. No. 143 with Exhibits A-B filed on 09-NOV-2016
Sealed envelope pursuant to Court order dated 17-AUG-2016 on behalf of Plaintiff purporting to contain Charts of Pfizer's positions on questions undertaken to be answered arising from the examination for discovery of Gordon Fahner held on June 14-15, 23/ 2016 (In response to doc 143) Filed on 09-NOV-2016
Motion Record Number of copies received: 2 on behalf of defendant (PUBLIC VERSION OF DOC. 144) filed on 26-OCT-2016
Solicitor's certificate of service on behalf of David Yi confirming service of Doc. No. 144 upon Plaintiff by email on 26-OCT-2016 filed on 26-OCT-2016
Sealed envelope pursuant to order dated 17-AUG-2016 on behalf of Defendant purporting to contain motion record containing motion doc. 143 Filed on 26-OCT-2016
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 16-NOV-2016 to begin at 10:00 for an Order compelling plaintiff to answer questions refused on discovery.... filed on 26-OCT-2016
Solicitor's certificate of service on behalf of Jordan D. Scopa confirming service of Doc 140 141 upon Defendant by emailed on 26-OCT-2016 filed on 26-OCT-2016
Covering letter from Plaintiff dated 26-OCT-2016 concerning Doc. Nos. 140 141 placed on file on 26-OCT-2016
Sealed envelope pursuant to Protective Order dated August 17, 2016 in Court file No.T-1064-13 on behalf of Plaintiff purporting to contain Motion Record of Apotex (Confidential Version) Filed on 26-OCT-2016
Notice of Motion on behalf of Plaintiff returnable at Special Sitting in Toronto on 16-NOV-2016 to begin at 10:00 for an Order directing that the defendants provide answers to certain questions improperly refused at the first round examinations for discovery... costs of this motion filed on 26-OCT-2016
Solicitor's certificate of service on behalf of David Yi confirming service of Doc. No. 138 and Book of Authorities upon plaintiff and non-party Teva Canada Ltd. by email (on consent) on 25-OCT-2016 filed on 26-OCT-2016
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 26-OCT-2016
Motion Record containing the following original document(s): 135 136 137 Number of copies received: 3 on behalf of Defendant filed on 26-OCT-2016
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 135 filed on 26-OCT-2016
Affidavit of Christian Landeta sworn on 25-OCT-2016 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 135 with Exhibits A-J filed on 26-OCT-2016
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 16-NOV-2016 to begin at 10:00 for an Order pursuant to rule 233 compelling productions from non-party Teva Canada Ltd. filed on 26-OCT-2016
Solicitor's certificate of service on behalf of David Yi confirming service of Doc. 133 and Book of Authorities upon plaintiff and non-party Pharmascience Inc. by email (on consent) on 25-OCT-2016 filed on 26-OCT-2016
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 26-OCT-2016
Motion Record containing the following original document(s): 130 131 132 Number of copies received: 3 on behalf of Defendant filed on 26-OCT-2016
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 130 filed on 26-OCT-2016
Affidavit of Christian Landeta sworn on 25-OCT-2016 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 130 with Exhibits A-D filed on 26-OCT-2016
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 16-NOV-2016 to begin at 10:00 for an Order pursuant to rule 233 to require productions from non-party Pharmascience Inc. filed on 26-OCT-2016
Solicitor's certificate of service on behalf of David Yi confirming service of DOC.128 upon Plaintiff by telecopier on 15-SEP-2016 filed on 15-SEP-2016
Consent on behalf of Defendant to ELECTRONIC SERVICE filed on 15-SEP-2016
Acknowledgment of Receipt received from the parties (via email transmission) with respect to order doc. 127 placed on file on 17-AUG-2016
Amended confidentiality order dated 17-AUG-2016 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from the parties on consent dated 04-AUG-2016 Result: granted Filed on 17-AUG-2016 copies sent to parties entered in J. & O. Book, volume 1309 page(s) 279 - 292 Interlocutory Decision
Acknowledgment of Receipt received from the parties (via email) with respect to written direction (doc. 126) placed on file on 31-MAY-2016
Written directions received from the Court: Kevin Aalto, Prothonotary dated 27-MAY-2016 directing that the following attached direction is the schedule that shall govern the remaining steps in this action to get the matter to trial.... filed on 27-MAY-2016 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 26-MAY-2016 the parties have agreed to a schedule to complete remaining steps in the action... received on 26-MAY-2016
Acknowledgment of Receipt received from the parties (via email) with respect to amended order doc. 125 placed on file on 13-APR-2016
Amended Order rendered on 12-APR-2016 by Kevin Aalto, Prothonotary filed on 12-APR-2016 Matter considered without personal appearance amending order doc. 124 (trial to begin 15-JAN-2018, not 20-JAN-2018) entered in J. & O. Book, volume 1298 page(s) 187 - 189 Interlocutory Decision copies sent to parties
Acknowledgment of Receipt received from the parties (via email) with respect to order doc. 124 placed on file on 12-APR-2016
Order dated 12-APR-2016 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: trial of this matter adjourned to 25-JAN-2018, to begin at 9:30 a.m. in the forenoon, for a duration of 20-25 days Filed on 12-APR-2016 copies sent to parties entered in J. & O. Book, volume 1298 page(s) 148 - 150 Interlocutory Decision
Copy of Notice of Appeal (Appeal Court File No. A-78-16 ) appealing (copy also filed in T-393-14) filed in the Court of Appeal on 07-MAR-2016 on behalf of Plaintiff, re: appeal of the Order of Diner, J. dated 4-FEB-2016 placed on file on 15-MAR-2016
Toronto 11-MAR-2016 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the Court will inform the Trial JA of the trial adjournment held by way of Conference Call Duration per day: 11-MAR-2016 from 10:30 to 10:50 Courtroom : Judge's Chambers - Toronto Court Registrar: Shaun Nelson Total Duration: 20min Appearances: Mr. DeLuca 416-597-4288 representing Plaintiff Ms. Sanft 416-216-4798 representing Defendant Minutes of Hearing entered in Vol. 947 page(s) 467 - 468 Abstract of Hearing placed on file
Acknowledgment of Receipt received from Mr. De Luca for the Plaintiff and Ms. Sanft for the Defendant with respect to ID 218 and doc. 123, by email. placed on file on 09-MAR-2016
Order dated 09-MAR-2016 rendered by The Honourable Mr. Justice Diner Matter considered without personal appearance The Court's decision is with regard to Order dated 04-FEB-2016 Result: "THIS COURT ORDERS that: Costs are awarded to Pfizer and fixed on a lump sum basis in the amount of $25,000, inclusive of fees and disbursements." Filed on 09-MAR-2016 copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1295 page(s) 192 - 194 Interlocutory Decision
Written directions received from the Court: The Honourable Mr. Justice Diner dated 09-MAR-2016 directing that "THIS COURT DIRECTS that: The Order and Reasons dated February 4, 2016 will not be amended." placed on file on 09-MAR-2016 Confirmed in writing to the party(ies)
Letter from Defendant dated 07-MAR-2016 We are writing on behalf of the Defendants, in response to the letter sent by counsel for the Plaintiff ... CC Defendant * Scanned to the Court * received on 07-MAR-2016
Letter from Plaintiff dated 04-MAR-2016 We ask that this correspondence be brought to the attention of Diner, J in connection with his Order and Reasons dated Feb 4, 2016... CC Defendant * Scanned to the Court * received on 04-MAR-2016
Solicitor's certificate of service on behalf of Nando DeLuca confirming service of Doc 121 upon Defendant by email on 25-FEB-2016 filed on 25-FEB-2016
Cost Submissions on behalf of Apotex Inc. filed on 25-FEB-2016
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 24-FEB-2016 directing that a case management conference will take place on this matter on 09-MAR-2016 at 1:30 p.m. for a duration of 30 minutes. placed on file on 24-FEB-2016
Letter from Defendant dated 24-FEB-2016 requesting a CMC to discuss potential adjournment of the trial date in this action.... received on 24-FEB-2016
Solicitor's certificate of service on behalf of JORDANA SANFT confirming service of DOCS 118,119 upon Plaintiff by personal service on 19-FEB-2016 filed on 19-FEB-2016
Bill of costs of DEFENDANT, PFIZER filed on 19-FEB-2016
Written COSTS SUBMISSIONS on behalf of DEFENDANT, PFIZER concerning Motion Doc. No. 39 filed on 19-FEB-2016
Oral directions received from the Court: The Honourable Mr. Justice Diner dated 15-FEB-2016 directing that they are amenable to the parties' schedule in 15-FEB-2016 letter; placed on file on 15-FEB-2016
Letter from Defendant to the Court dated 15-FEB-2016 advising of a proposed schedule for submissions re: costs concerning the motion for summary judgment heard on 16/17-DEC-2015; received on 15-FEB-2016
Acknowledgment of Receipt received from Plaintiff, and Defendant with respect to Order doc #117 placed on file on 04-FEB-2016
Reasons for Order and Order dated 04-FEB-2016 rendered by The Honourable Mr. Justice Diner Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 39 Result: granted (in favour of the Defendants. The 132 Patent remains valid) The Court's decision is with regard to Motion Doc. No. 103 Result: not decided, per the agreement of the parties Filed on 04-FEB-2016 certified copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1292 page(s) 110 - 111
Further Compendium ("Old Act File History" - 1 copy) **CONFIDENTIAL consisting of 1 volume(s) on behalf of Defendants received on 16-DEC-2015 Sent directly to Presiding Judge
Compendium (1 copy) **CONFIDENTIAL** consisting of 1 volume(s) on behalf of Defendant, Pfizer Canada Inc. received on 16-DEC-2015 Sent directly to Presiding Judge
Compendium (1 copy) **CONFIDENTIAL** consisting of 2 volume(s) on behalf of Plaintiff received on 16-DEC-2015 Sent directly to Presiding Judge
Solicitor's certificate of service on behalf of David Yi confirming service of Doc. 115 upon Plaintiff by personal service on 22-DEC-2015 filed on 22-DEC-2015
Sur-Reply Submissions pursuant to Court directions (Diner J.) at hearing on behalf of Pfizer Canada Inc. in response to the Plaintiff's letter submitted in Court on 17-DEC-2015 (ID 196) Filed on 22-DEC-2015
Toronto 16-DEC-2015 BEFORE The Honourable Mr. Justice Diner Language: E Before the Court: Motion Doc. No. 39 on behalf of Plaintiff Result of Hearing: Matter reserved Before the Court: Motion Doc. No. 103 on behalf of Defendant, Pfizer Canada Inc. Result of Hearing: Matter reserved held in Court Senior Usher: Doug Duff Duration per day: 16-DEC-2015 from 09:04 to 17:00 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Anil Kamal 17-DEC-2015 from 08:48 to 11:18 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Anil Kamal Total Duration: 1d2h30min Appearances: Nando De Luca and Michael Yasskin (416) 979-2211 representing Defendant, Pfizer Canada Inc. Jordana Sanft, Jim Hodgson, and David Yi (416) 216-4798 representing Plaintiff Comments: DARS ZOO5141 was used. Defendant, Pfizer Canada Inc., to furnish written submissions in response to the Plaintiff's letter submitted in Court on 17-DEC-2015 (ID 196) on or before 24-DEC-2015). The Plaintiff is to furnish written submissions in response to the Manulife Bank of Canada v. John Joseph Conlin case law (ID 197) on or before 24-DEC-2015; Minutes of Hearing entered in Vol. 943 page(s) 276 - 292 Abstract of Hearing placed on file
Loose Case Law (Teva Canada Ltd. v. Pfizer Canada Inc. - Supreme Court) consisting of 1 volume(s) on behalf of Defendant, Pfizer Canada Inc. received on 17-DEC-2015 Sent directly to Presiding Judge
Case Law (Manulife Canada Inc. v. John Jospeh Colin-Ontario Court of Appeal) consisting of 1 volume(s) on behalf of Plaintiff received on 17-DEC-2015 Sent directly to Presiding Judge
Letter from Plaintiff (CONFIDENTIAL) dated 17-DEC-2015 submitted in Court on 17-DEC-2015 concerning the motion for summary judgment received at hearing on 17-DEC-2015
Supplementary Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 16-DEC-2015 Sent directly to Presiding Judge
Supplemental Book of Authorities consisting of 1 volume(s) on behalf of Defendant, Pfizer Canada Inc. received on 16-DEC-2015 Sent directly to Presiding Judge
Letter from Abigail Browne, Department of Justice, dated 15-DEC-2015 advising that they will not be appearing at the 16-DEC-2015 hearing but request a copy of the decision once rendered; received on 15-DEC-2015
Solicitor's certificate of service on behalf of David Yi confirming service of doc 113 112, book of authorities upon Plaintiff by personal service on 14-DEC-2015 filed on 14-DEC-2015
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 14-DEC-2015 Sent directly to Presiding Judge
Motion Record in response to Motion Doc. No. 103 containing the following original document(s): 111 Number of copies received: 3 on behalf of Defendant filed on 14-DEC-2015
Sealed envelope pursuant to confidentiality order of this Court dated July 7, 2014 on behalf of Defendant purporting to contain Written submissions Filed on 14-DEC-2015
Affidavit of Christian Landeta sworn on 14-DEC-2015 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 103 with Exhibits A-H filed on 14-DEC-2015
Solicitor's certificate of service on behalf of David Yi confirming service of doc. #109 upon Plaintiff by personal service on 10-DEC-2015 filed on 10-DEC-2015
Sealed envelope pursuant to the Order dated 7-JUL-2014 on behalf of Defendant purporting to contain Pfizer's Compendium for Summary Judgment Filed on 10-DEC-2015
Letter from Plaintiff dated 09-DEC-2015 attaching a confindential compendium of the evidentiary cites received on 09-DEC-2015
Solicitor's certificate of service on behalf of Nando De Luca confirming service of id 174 (sealed compendium) upon Plaintiff by process server on 09-DEC-2015 filed on 09-DEC-2015
Solicitor's certificate of service on behalf of Michael Yasskin confirming service of Doc 106 and Book of Authorities upon Defendants by process server on 10-DEC-2015 filed on 10-DEC-2015
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 10-DEC-2015
Motion Record containing the following original document(s): 103 104 105 Number of copies received: 3 on behalf of Plaintiff filed on 10-DEC-2015
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 103 filed on 10-DEC-2015
Affidavit of Nicole Roth sworn on 10-DEC-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 103 with Exhibits "a" (confidential) and b filed on 10-DEC-2015
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 16-DEC-2015 to begin at 09:30 for an appeal of the decision of Kevin Aalto, Prothonotary dated 08-DEC-2015 Doc. No. 97 filed on 10-DEC-2015
Solicitor's certificate of service on behalf of Nando De Luca confirming service of doc. 101 upon Defendant by telecopier on 09-DEC-2015 filed on 10-DEC-2015
Notice of abandonment of motion Motion Doc. No. 89 currently scheduled to be heard at Special Sitting on 11-DEC-2015 on behalf of Plaintiff filed on 10-DEC-2015
Oral directions received from the Court: The Honourable Mr. Justice Diner dated 10-DEC-2015 directing that I have considered the positions fo the parties in recent correspondence respecting the pending appeal of Prothonotary Aalto's order dated 8-DEC-2015, and the pending partial summary judgment motion set down for 16-DEC-2015. The court will proceed to hear Apotex's motion to appeal, and the partial summary judgment motion in that order in the time allotted beginning on 16-DEC-2015 as set down by the office of the Chief Justce pursuant to his direction dated 4-SEP-2015. The duration set for the appeal of Prothnotary Aalto's order shall not be more than 3 hrs. That will leave a full day remaining to argue the summary judgment motion. Pfizer shall have until the end of business day, Monday, 14-DEC-2015 to serve and file a responding motion record. placed on file on 10-DEC-2015
Sealed envelope pursuant to Confidentiality Order dated 7-JUL-2015 on behalf of Plaintiff purporting to contain Compendium (re: motion for Partial Summary Judgment) 2 volumes Received on 09-DEC-2015
Letter from Defendant dated 09-DEC-2015 replying to Apotex's letter of 8-DEC-2015 opposing Apotex's request to hear their appeal of the order of 8-DEC-2015 before the summary judgement motions judge. received on 09-DEC-2015
Solicitor's certificate of service on behalf of David Yi confirming service of Doc 98 and book of authorities upon CIPO (Canadian Intellectual Property Office) by personal service on 09-DEC-2015 filed on 09-DEC-2015
Solicitor's certificate of service on behalf of David Yi confirming service of Doc 98 and Book of authorities upon Plaintiff by personal service on 09-DEC-2015 filed on 09-DEC-2015
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 09-DEC-2015 Sent directly to Presiding Judge
Sealed envelope pursuant to Confidentiality order dated 7-JUL-2014 on behalf of Defendant purporting to contain Pfizer's responding motion record (re: Apotex's motion to compel - Doc 89) Filed on 09-DEC-2015
Letter from Plaintiff dated 08-DEC-2015 responding to Pfizer's letter....Apotex will appeal the order of the court dated 8-DEC-2015, and would like preserve the summary judgment motion date and also use part of that time to argue the appeal of the 8-DEC-2015 order received on 09-DEC-2015
Letter from Defendant dated 08-DEC-2015 we are writing to continue to assert our concerns that Apotex's motion to compel puts the summary judgment motion date in jeopardy... received on 08-DEC-2015
Acknowledgment of Receipt received from the parties (via email) with respect to order doc. 97 placed on file on 08-DEC-2015
Order dated 08-DEC-2015 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 26 Result: being the subject of a separate order, pursuant to the order dated 25-FEB-2015, this order deals Pfizer production PFZ-1427. The motion of Apotex which seeks an unexpurgated copy of this production is dismissed with costs to Pfizer in the cause. Filed on 08-DEC-2015 copies sent to parties entered in J. & O. Book, volume 1286 page(s) 33 - 36 Interlocutory Decision
Toronto 04-DEC-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the motion to compel (doc. 89) returnable 8-DEC-2015 will now be heard on 11-DEC-2015 at 1:00 p.m. held by way of Conference Call in chambers Duration per day: 04-DEC-2015 from 13:00 to 13:24 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 24min Appearances: Nando DeLuca 416-597-4288 representing Plaintiff Jordana Sanft 416-216-4798 representing Defendant Abigail Browne 416-952-7115 representing Third Party Minutes of Hearing entered in Vol. 942 page(s) 185 - 187 Abstract of Hearing placed on file
Correction to General Sitting concerning Motion Doc. No. 89 Hearing removed from General Sitting at Toronto on 08-DEC-2015 Reason for correction: matter to be heard on 11-DEC-2015 by way of special sitting
Affidavit of service of Maciey Mendonsa sworn on 02-DEC-2015 on behalf of Plaintiff confirming service of Book of Authorities (ID 160) upon Department of Justice by personal service on 02-DEC-2015 filed on 03-DEC-2015
Affidavit of service of Maciey Mendonsa sworn on 02-DEC-2015 on behalf of Plaintiff confirming service of Book of Authorities upon Respondents by personal service on 02-DEC-2015 filed on 03-DEC-2015
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 03-DEC-2015
Affidavit of service of Gordon Bartley sworn on 01-DEC-2015 on behalf of Plaintiff confirming service of Doc.92 upon DOJ - FOR CIPO/DAVID BOUDREAU by personal service on 01-DEC-2015 filed on 01-DEC-2015
Affidavit of service of Gordon Bartley sworn on 01-DEC-2015 on behalf of Plaintiff confirming service of Doc.92 upon DEFENDANTS by personal service on 01-DEC-2015 filed on 01-DEC-2015
Motion Record containing the following original document(s): 89 90 91 Number of copies received: 3 on behalf of Plaintiff filed on 01-DEC-2015
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 89 filed on 01-DEC-2015
Affidavit of Nicole Roth sworn on 01-DEC-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 89 with Exhibits A-E filed on 01-DEC-2015
Notice of Motion on behalf of Plaintiff - Apotex Inc. returnable at General Sitting in Toronto on 08-DEC-2015 to begin at 09:30 duration: 2h language: E for an Order to compel refusals and documents Nando De Luca - 416-597-4288 filed on 01-DEC-2015
Solicitor's certificate of service on behalf of David Yi confirming service of Doc 87 and Book of Authorities upon Plaintiff by process server on 27-NOV-2015 filed on 27-NOV-2015
Book of Authorities consisting of 2 volume(s) on behalf of Defendant received on 27-NOV-2015
Motion Record in response to Motion Doc. No. 39 containing the following original document(s): 82 83 84 85 86 Number of copies received: 3 on behalf of Defendant (7 VOLS - VOLS 2, 3, 4 and 5 CONFIDENTIAL) filed on 27-NOV-2015
Memorandum of fact and law contained within a Motion Record on behalf of Defendant filed on 27-NOV-2015
Affidavit of Randall S Mitchell sworn on 25-SEP-2015 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 39 with Exhibits A-B filed on 27-NOV-2015
Affidavit of Kenneth D Hanna (CONFIDENTIAL) sworn on 24-MAR-2015 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 39 with Exhibits A-B filed on 27-NOV-2015
Affidavit of Jeffrey W Rennecker sworn on 23-MAR-2015 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 39 with Exhibits A-T filed on 27-NOV-2015
Affidavit of Alisha Schell sworn on 24-MAR-2015 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 39 with Exhibits A-D filed on 27-NOV-2015
Solicitor's certificate of service on behalf of KIRBY GOLDSTEIN confirming service of BOOK OF AUTHORITIES (RE: NOTICE OF MOTION DOC. 39) upon Defendant by COURIER on 16-NOV-2015 filed on 16-NOV-2015
BOOK OF AUTHORITIES (RE: NOTICE OF MOTION DOC. 39) consisting of 2 volume(s) on behalf of Plaintiff received on 16-NOV-2015
Memorandum to file from Toronto dated 09-NOV-2015 Doc 80 is the 8th volume of the motion record. Volume 1 starts at doc. 39 placed on file.
Motion Record containing the following original document(s): 79 Number of copies received: 3 on behalf of Plaintiff filed on 09-NOV-2015
Memorandum of fact and law contained within a Motion Record on behalf of Plaintiff filed on 09-NOV-2015
Affidavit of service of MACIEY MENDONSA sworn on 09-NOV-2015 on behalf of Plaintiff confirming service of DOC 77 upon Defendant by personal service on 09-NOV-2015 filed on 09-NOV-2015
Sealed envelope pursuant to Confidentiality Order of the Court dated 7-JUL-2014 on behalf of Plaintiff purporting to contain Confidential Volumes 6 and 7 of Apotex's Motion for Summary Judgment (Doc. 39) Filed on 09-NOV-2015
Solicitor's certificate of service on behalf of David Yi confirming service of Doc 75 upon Plaintiff by telecopier on 26-OCT-2015 filed on 26-OCT-2015
Notice of abandonment of motion Motion Doc. No. 67 on behalf of Defendant filed on 26-OCT-2015
Solicitor's certificate of service on behalf of David Yi confirming service of doc. 73 upon Defendant by telecopier on 25-SEP-2015 filed on 25-SEP-2015
Affidavit of Randall S. Mitchell sworn on 25-SEP-2015 on behalf of Defendant opposition to Statement of Defense filed on 25-SEP-2015
Acknowledgment of Receipt received from Mr. De Luca for the Plaintiff and Mr. Yi for the Defendant with respect to Direction issued by the Court (Crampton, C.J.) dated September 3, 2015, by email. placed on file on 14-SEP-2015
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 08-SEP-2015 directing that with respect to the direction of the Chief Justice setting down the motion for summary judgment and rule 51 motion on 16 and 17-DEC-2015: 1) all motion materials from the parties with respect to the rule 51 appeal shall be exchanged and filed on or before 20-NOV-2015; 2) with respect to the motion for summary judgment, all motion materials to be exchanged and filed on or before 27-NOV-2015. placed on file on 08-SEP-2015
Toronto 03-SEP-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: re: December 16-17 motion for summary judgment and rule 51 appeal. All materials on summary judgment motion to be submitted to court by 27-NOV-2015 and cross-exams on affiants on the motion to be completed by 9-OCT-2015; all rule 51 motion materials to be submitted to court by 20-NOV-2015. held by way of Conference Call in chambers Duration per day: 03-SEP-2015 from 10:07 to 10:29 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 22min Appearances: Mr. DeLuca, Mr. Yaskin and Mr. Topolski 416-979-2211 representing Plaintiff Ms. Sanft and Mr. Yi 416-216-4798 representing Defendant Minutes of Hearing entered in Vol. 935 page(s) 443 - 445 Abstract of Hearing placed on file
Oral directions received from the Court: Chief Justice Crampton dated 03-SEP-2015 directing that "The Plaintiff's motion for summary judgment (document #39 - in T-1064-13) and the Defendant's motion appealing the Order of Mr. Prothonotary Aalto dated July 27, 2015 (document #67 - in T-1064-13), may be made returnable before this Court at 180 Queen Street West, in the City of Toronto, Ontario, on Wednesday, the 16th day of December, 2015, at 9:30 in the forenoon for a duration of one and one half (1.5) days. Timelines to be established by the Case Management Judge, Mr. Prothonotary Aalto." placed on file on 03-SEP-2015 Confirmed in writing to the party(ies)
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 01-SEP-2015 directing that a case management conference will take place on this matter on 3-SEP-2015 at 10:00 a.m. for a duration of 30 minutes. placed on file on 01-SEP-2015
Writ of Subpoena to Attend Examination directed to David Boudreau for the Commissioner of Patents - CIPO issued on 21-AUG-2015 cc filed
Request for Writ(s) of Attending an Examination on behalf of Plaintiff filed on 21-AUG-2015 Tariff any other proceeding - $30.00
Writ of Subpoena to Attend Examination directed to Debby Bonell (Canadian Intellectual Property Office) issued on 21-AUG-2015 cc filed
Request for Writ(s) of Attending Examination on behalf of Plaintiff filed on 21-AUG-2015 Tariff any other proceeding - $30.00
Letter from Defendant dated 07-AUG-2015 "...We are writing further to our Notice of Motion to appeal the Order of Prothonotary Aalto dated July 27, 2015...we wish to clarify that Pfizer proposes that the appeal be heard by the Judge hearing the motion for summary Judgment, at the outset of the motion, which has yet to be scheduled..." cc to all parties. received on 07-AUG-2015
Solicitor's certificate of service on behalf of David Yi confirming service of DOC.67 upon all parties by telecopier on 06-AUG-2015 filed on 06-AUG-2015
Notice of Motion on behalf of Defendant returnable (but no hearing date indicated at this time) for an appeal of the decision of Kevin Aalto, Prothonotary dated 27-JUL-2015 Doc. No. 66 filed on 06-AUG-2015
Acknowledgment of Receipt received from the parties (via email with respect to order doc. 46 placed on file on 27-JUL-2015
Order dated 27-JUL-2015 rendered by Kevin Aalto, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 46 Result: granted Filed on 27-JUL-2015 copies sent to parties entered in J. & O. Book, volume 1273 page(s) 319 - 330 Interlocutory Decision
Toronto 12-MAY-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Motion Doc. No. 46 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: Ted Barr Duration per day: 12-MAY-2015 from 11:50 to 15:46 Courtroom : Courtroom 8-4 - Toronto (330 University Ave) Court Registrar: Jake Schutz Total Duration: 3h 56min Appearances: Nando DeLuca and Michael Yasskin 416-979-2211 representing Plaintiff Kristin Wall and David Yi 416-216-3964 representing Defendant Abigail Browne 416-952-7115 representing Third Party Comments: matter recorded on back recording device serial number Z005608 Minutes of Hearing entered in Vol. 929 page(s) 483 - 488 Abstract of Hearing placed on file
Supplemental Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 12-MAY-2015
Compendium submitted on behalf of Apotex received at hearing on 12-MAY-2015
Affidavit of service of Julie Tomaselli sworn on 24-APR-2015 on behalf of Third Party confirming service of doc. 64 and Book of Authorities upon all parties by email on 24-APR-2015 filed on 24-APR-2015
Book of Authorities consisting of 1 volume(s) on behalf of Third Party received on 24-APR-2015
Motion Record in response to Motion Doc. No. 46 containing the following original document(s): 62 63 Number of copies received: 3 on behalf of Third Party filed on 24-APR-2015
Written Representations contained within a Motion Record on behalf of Third Party concerning Motion Doc. No. 46 filed on 24-APR-2015
Affidavit of Julie Tomaselli sworn on 24-APR-2015 contained within a Motion Record on behalf of Third Party in opposition to Motion Doc. No. 46 with Exhibits A, B(Confidential pursuant to Protective Order dated 8-JUL-2014) filed on 24-APR-2015
Book of Authorities consisting of 1 volume(s) on behalf of Defendants received on 20-APR-2015
Solicitor's certificate of service on behalf of David Yi confirming service of Doc. No. 60 and Book of Authorities upon all parties by process server on 20-APR-2015 filed on 20-APR-2015
Motion Record in response to Motion Doc. No. 46 containing the following original document(s): 58 59 Number of copies received: 3 on behalf of Defendants filed on 20-APR-2015
Written Representations (CONFIDENTIAL- sealed envelope pursuant to 8-JUL-2014 Order) contained within a Motion Record on behalf of Defendants concerning Motion Doc. No. 46 filed on 20-APR-2015
Affidavit of Christine Ingham sworn on 20-APR-2015 contained within a Motion Record on behalf of Defendants in opposition to Motion Doc. No. 46 with Exhibits "A"-"R" (Exhibits F, I, & J CONFIDENTIAL, in sealed envelope) filed on 20-APR-2015
Affidavit of service of Kathleen Farrell sworn on 16-APR-2015 on behalf of Plaintiff confirming service of Doc. No. 54 and 56 upon the defendant and the non-party Commissioner of Patents by personal service on 16-APR-2015 filed on 15-APR-2015
Motion Record containing the following original document(s): 55 Number of copies received: 3 on behalf of Plaintiff re: motion for summary judgment filed on 16-APR-2015
Affidavit of Lisa Ebdon sworn on 16-APR-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 39 with Exhibits A-L filed on 16-APR-2015
Book of Authorities (re: motion for third party evidence) consisting of 1 volume(s) on behalf of Plaintiff received on 09-APR-2015
Motion Record containing the following original document(s): 53 Number of copies received: 3 on behalf of Plaintiff filed on 16-APR-2015
Affidavit of Lisa Ebdon sworn on 16-APR-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 46 with Exhibits A-L filed on 16-APR-2015
Acknowledgment of Receipt received from the parties (via email) with respect to written direction (doc. 52) placed on file on 17-APR-2015
Written directions received from the Court: Kevin Aalto, Prothonotary dated 17-APR-2015 directing that The court will hear the Third Party Evidence motion on 12-MAY-2015 in Toronto commencing at 11:00 a.m.; Pfizer/Pharmacia to submit responding motion record by 20-APR-2015; Third Party responding motion record to be submitted by 24-APR-2015; current timetable for remaining steps in summary judgment motion suspended, in particular the conduct of cross-exams on affidavits; the Court will revisit with the parties the summary judgment motion timetable at the hearing on 12-MAY-2015; Apotex permitted to submit by 16-APR-2015 an additional affidavit in each of the summary judgment motion and third party evidence motion filed on 17-APR-2015 Confirmed in writing to the party(ies)
Toronto 15-APR-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: re: Motion doc 46 adjourned to May 12th @ 11:00 for a duration of 4h, all material to be submitted by May 8th. held by way of Conference Call Duration per day: 15-APR-2015 from 10:30 to 11:23 Courtroom : Judge's Chambers - Toronto Court Registrar: Andrew Murray Total Duration: 53min Appearances: Michael Yaskin 416-597-6288 representing Plaintiff Nando DeLuca 416-597-4288 representing Plaintiff Kristin Wall 416-216-3964 representing Defendant Orestes Pasparakis 416-216-4815 representing Defendant Abigail Browne 416-952-7115 representing Third Party Comments: DARS not used. Parties agreed to adjourn the motion currently scheduled for 20-APR-2015 to 12-MAY-2015 for a duration of 4h, all material to be submitted by 08-MAY-2015 Minutes of Hearing entered in Vol. 926 page(s) 63 - 64 Abstract of Hearing placed on file
Letter from from counsel for the Commissioner of Patents dated 14-APR-2015 requesting an urgent case conference with the case management judge in this manner received on 14-APR-2015
Acknowledgment of Receipt received from 2 counsel for the parties by fax on 14-APR-2015 with respect to Order (Time and Place) doc. # 51 of the Chief Justice, signed by the Judicial Administrator, dated 13-APR-2015. placed on file on 14-APR-2015
Order (time and place) dated 13-APR-2015 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Toronto on 24-APR-2017 to begin at 09:30 duration: 25d language: E Filed on 13-APR-2015 cc's sent to 2 counsel for the parties by fax on 14-APR-2015 entered in J. & O. Book, volume 1263 page(s) 247 - 248 Transmittal letters placed on file
Solicitor's certificate of service on behalf of Nando De Luca confirming service of Doc. No. 49 upon Defendant by email on 09-APR-2015 filed on 09-APR-2015
Motion Record containing the following original document(s): 46 47 48 Number of copies received: 3 on behalf of Plaintiff filed on 09-APR-2015
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 46 filed on 09-APR-2015
Affidavit of Lisa Ebdon sworn on 09-APR-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 46 with Exhibits A-Z filed on 09-APR-2015
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 20-APR-2015 to begin at 10:00 for an Order directing the administrator to issue a subpoena to the Commissioner of Patents....and other relief... filed on 09-APR-2015
Toronto 02-APR-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties discussed the issue of compelling a third party witness held by way of Conference Call Duration per day: 02-APR-2015 from 04:05 to 04:31 Courtroom : Judge's Chambers - Toronto Court Registrar: Andrew Murray Total Duration: 26min Appearances: Nando DeLuca 416-597-4288 representing Plaintiff Michael Yaskin 416-497-4288 representing Plaintiff Kristin Wall 416-216-3964 representing Defendant Orestes Pasparakis 416-216-3964 representing Defendant Abigail Browne 416-952-7115 representing Third Party Comments: DARS not used. Parties agreed to extend the deadlines for their respective memorandum by one week. Regarding the motion to compel 3rd party evidence all the material is to be submitted by 16-APR-2015 Minutes of Hearing entered in Vol. 925 page(s) 225 - 226 Abstract of Hearing placed on file
Letter from Plaintiff dated 02-APR-2015 This letter is in response to the defendant's letter dated 31-MAR-2015 received on 02-APR-2015
Submissions for the 10-MAR-2015 CMC made by the plaintiff served on the defendant by email. filed on 10-MAR-2015
Reply submissions requested for the 10-MAR-2015 CMC submitted by the defendant served on the plaintiff by email. filed on 10-MAR-2015
Letter from Defendant dated 31-MAR-2015 This letter is responding to the plaintiff's letter of 31-MAR-2015 regarding the motion to compel third party evidence. received on 31-MAR-2015
Letter from Plaintiff dated 31-MAR-2015 This letter discusses the issue of examining a representative regarding the final fee issue, and requests a CMC. received on 31-MAR-2015
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 23-MAR-2015 directing that the oral direction of January 22, 2015 is amended to allow Pfizer to serve and file their evidence with respect to the partial summary judgment scheduled on this matter on March 24, 2015 (originally March 23, 2015) placed on file on 23-MAR-2015
Toronto 10-MAR-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties to submit written arguments regarding the waiver issue. held by way of Conference Call Duration per day: 10-MAR-2015 from 10:00 to 10:10 Courtroom : Judge's Chambers - Toronto Court Registrar: Andrew Murray Total Duration: 10min Appearances: Nando DeLuca 416-597-4288 representing Plaintiff Kristin Wall 416-216-3964 representing Defendant David Yee 416-216-3964 representing Defendant Comments: The parties to submit written arguments on the waiver issue by Friday. Minutes of Hearing entered in Vol. 923 page(s) 442 - 443 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of Nando De Luca confirming service of Doc.42 upon Defendant by Electronic Mail on 27-FEB-2015 confirming service Doc.42 upon Defendant by Electronic Mail on 27-FEB-2015 confirming service Doc.42 upon Defendant by Courier on 02-MAR-2015 filed on 02-MAR-2015
Motion Record containing the following original document(s): 39 40 41 Number of copies received: 3 on behalf of Plaintiff filed on 02-MAR-2015
Affidavit of Nicole Roth sworn on 27-FEB-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 39 with Exhibits A-O filed on 02-MAR-2015
Affidavit of Mark B. Eisen sworn on 27-FEB-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 39 with Exhibits A-III filed on 02-MAR-2015
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 21-MAY-2015 to begin at 09:30 for Summary Judgment Tariff Any other action - $300.00 filed on 02-MAR-2015
Order dated 25-FEB-2015 rendered by Kevin Aalto, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 26 Result: granted in part Filed on 25-FEB-2015 copies sent to parties entered in J. & O. Book, volume 1259 page(s) 144 - 147 Interlocutory Decision
Court Pleading Brief - handed up to Court by Plaintiff's Counsel received at hearing on 12-FEB-2015
Toronto 12-FEB-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Motion Doc. No. 26 on behalf of Plaintiff Result of Hearing: Mr. Topolski will provide Draft Orders to the Court held in Court Senior Usher: Sybil Mirosolin Duration per day: 12-FEB-2015 from 10:05 to 12:55 Courtroom : Discovery Room No. 4-45 - Toronto Court Registrar: John Gornick Total Duration: 2h 50m Appearances: Mr. Jerry Topolski 416-979-2211 representing Plaintiff Ms. Kristin Wall 416-216-3964 representing Defendant Mr. David Yi 416-216-3964 representing Defendant Draft Decision to be submitted by Plaintiff Comments: Back-up Recorder used at this hearing - Z005119 - Plaintiff's Counsel hands up to Court Pleading Brief and letter discussing questions - Further information to be sent to Court if necessary by February 25, 2015 - Plaintiff's Counsel to provide draft Orders to the Court regarding questions and solicitor Client and redaction issue. Minutes of Hearing entered in Vol. 922 page(s) 57 - 61 Abstract of Hearing placed on file
Affidavit of service of Judy Adamczyk sworn on 03-FEB-2015 on behalf of Plaintiff confirming service of Doc 36 upon Defendant by courier on 03-FEB-2015 filed on 03-FEB-2015
Motion Record in response to Motion Doc. No. 22 containing the following original document(s): 35 Number of copies received: 3 on behalf of Plaintiff filed on 03-FEB-2015
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 22 filed on 03-FEB-2015
Solicitor's certificate of service on behalf of Kristin Wall confirming service of doc 33 upon Plaintiff by personal service on 03-FEB-2015 filed on 03-FEB-2015
Motion Record in response to Motion Doc. No. 26 containing the following original document(s): 32 Number of copies received: 3 on behalf of Defendant filed on 03-FEB-2015
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 26 filed on 03-FEB-2015
Affidavit of service of Judy Adamczyk sworn on 30-JAN-2015 on behalf of Plaintiff confirming service of Book of Authorities upon all parties by same day courier on 30-JAN-2015 filed on 30-JAN-2015
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 30-JAN-2015
Solicitor's certificate of service on behalf of Michael Yasskin confirming service of Doc 29 upon Defendant and Plaintiff by Counterclaim by personal service on 28-JAN-2015 filed on 28-JAN-2015
Sealed envelope pursuant to Confidentiality Order dated 07-JUL-2014 on behalf of Plaintiff purporting to contain Motion Record of the Plaintiff (Docs 26, 27, & 28) Filed on 28-JAN-2015
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 26 filed on 28-JAN-2015
Affidavit of Nicole Roth sworn on 29-JAN-2015 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 26 with Exhibits a-g filed on 28-JAN-2015
Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 12-FEB-2015 to begin at 10:00 for an Order compelling answers and futher and other relief. filed on 28-JAN-2015
Solicitor's certificate of service on behalf of David Yi confirming service of doc. 24 upon Plaintiff by personal service on 28-JAN-2015 filed on 28-JAN-2015
Motion Record containing the following original document(s): 22 23 Number of copies received: 3 on behalf of Defendant filed on 28-JAN-2015
Written Submissions(refusals chart) contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 22 filed on 28-JAN-2015
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 12-FEB-2015 to begin at 09:30 for an Order complelling the Plaintiff Apotex to answer questions that were refused at the examination for discovery of the Apotex rep. Gordon Fahner held on 15-Jan-2015 as listed in Sch. A ( Orestes Pasparakis- 416-216-4000) filed on 28-JAN-2015
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 23-JAN-2015 directing that T-1064-13 and T-393-14 will be consolidated by way of an order in early February 2015. Once that order is made, T-1064-13 shall be designated as the lead file. In the interim, pending the formal issuance of that order, this court directs that T-1064-13 should be considered as the lead file, and materials filed for these actions going forward should be placed on T-1064-13. placed on file on 23-JAN-2015
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 22-JAN-2015 directing that pursuant to email correspondence from counsel for Apotex dated 19-JAN-2015, the motion for partial summary judgment to be heard on 7-APR-2015 is adjourned to a date TBD. Motions to compel with respect to the summary judgment motion (if any) will be heard in Toronto on 12-FEB-2015 to begin at 10:00 a.m. for a duration of one-half day. Additionally the following revised schedule for the filing of summary judgment motion materials now applies: 1) Parties to exchange outstanding question by 19-JAN-2015; 2) parties to provide final positions on answers taken under advisement by 22-JAN-2015; 3) parties to exchange voluntary answers by 26-JAN-2015; 4) any motions to compel to be filed by 27-JAN-2015; 5) responding motion records to motions to compel filed by 3-FEB-2015; 6) Apotex to serve and file motion record for partial summary judgment on or before 27-FEB-2015; 7) Pfizer to deliver responding evidence (partial summary judgment) by 23-MAR-2015; 8) cross-exams on partial summary judgment evidence completed by 3-APR-2015; Apotex to serve and file cross-exam transcripts and factum for partial summary judgment by 17-APR-2015; 9) Pfizer to serve and file responding motion record with factum by 8-MAY-2015 placed on file on 22-JAN-2015
Toronto 08-JAN-2015 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: parties agree to April 7, 2015 motion date for summary judgment, schedule also revised, cross-exams on evidence to be completed by 18-FEB-2015; Apotex to deliver factum on or before 4-MAR-2015; Pfizer to deliver their responding factum by 25-MAR-2015. An order on consent will be issued to reflect agreed upon schedule. held by way of Conference Call in chambers Duration per day: 08-JAN-2015 from 13:18 to 13:39 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 31min Appearances: Jerry Topolski and Nando De Luca 416-597-4288 representing Plaintiff Kristin Wall and David Yi 416-216-3964 representing Defendant Minutes of Hearing entered in Vol. 920 page(s) 100 - 103 Abstract of Hearing placed on file
Letter from Defendant dated 17-DEC-2014 providing the court with their proposed timetable received on 17-DEC-2014
Toronto 13-NOV-2014 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the matter will reconvene in January 2015 to discuss the status of discoveries. Mr. DeLuca will file his Notice of Motion for summary judgment by the end of November 2014 held in chambers Duration per day: 13-NOV-2014 from 10:15 to 10:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Shaun Nelson Total Duration: 15min Appearances: Mr. DeLuca 416-597-4288 representing Plaintiff Ms. Snaft and Ms. Wall 416-216-4798 representing Defendant Minutes of Hearing entered in Vol. 917 page(s) 156 - 157 Abstract of Hearing placed on file
Letter from Defendant dated 15-OCT-2014 the parties have agreed that the motion to compel tentatively scheduled for 30-OCT-2014 will no longer go ahead. received on 15-OCT-2014
Toronto 03-OCT-2014 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the parties will inform the court if they wish to proceed with the motion to compel by October 15, 2014. If they do wish to proceed with the motion the matter will be scheduled for October 30th starting at 9:30 A.M. If there is no motion a CMC will be scheduled for October 30th at 9:30 to discuss partial summary judgment motion issues held by way of Conference Call in chambers Duration per day: 03-OCT-2014 from 11:00 to 11:40 Courtroom : Judge's Chambers - Toronto Court Registrar: Shaun Nelson Total Duration: 40min Appearances: Mr. DeLuca and Mr. Topolski 416-597-4288 representing Plaintiff Ms. Snaft and Ms. Wall 416-216-4798 representing Defendant Minutes of Hearing entered in Vol. 914 page(s) 80 - 81 Abstract of Hearing placed on file
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 17-SEP-2014 directing that the matter scheduled to take place 2-SEP-14 has been rescheduled to 2-OCT-14 starting at 11:00AM placed on file on 17-SEP-2014
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 07-AUG-2014 directing that the CMC will reconvene 2-SEP-2014 starting at 11:00AM placed on file on 07-AUG-2014
Toronto 07-AUG-2014 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the matter will reconvene on 2-SEP-2014 starting at 11:00AM for and update on the consolidation matter, and to speak to any production issues held by way of Conference Call Duration per day: 07-AUG-2014 from 11:10 to 11:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Shaun Nelson Total Duration: 20min Appearances: Mr. DeLuca 416-979-2211 representing Plaintiff Ms. Sanft and Ms. Wall 416-216-4798 representing Defendant Minutes of Hearing entered in Vol. 911 page(s) 55 - 56 Abstract of Hearing placed on file
Acknowledgment of Receipt received from all parties with respect to doc. 21 received by email placed on file on 16-JUL-2014
Order dated 16-JUL-2014 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 16-JUL-2014 re: Scheduling Order Result: granted Filed on 16-JUL-2014 certified copies sent to parties entered in J. & O. Book, volume 1237 page(s) 350 - 352 Interlocutory Decision
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 14-JUL-2014 directing that a case management conference will take place on this matter on 7-AUG-2014 at 11:00 a.m. for a duration of 30 min placed on file on 14-JUL-2014
Toronto 11-JUL-2014 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: parties have agree on a process to consolidate this matter with T-393-14. A further case management conference will take place sometime during the first week of August. held by way of Conference Call in chambers Duration per day: 11-JUL-2014 from 13:09 to 13:40 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 31min Appearances: Nando DeLuca 416-979-2211 representing Plaintiff Jordana Sanft 416-317-4613 representing Defendant Minutes of Hearing entered in Vol. 910 page(s) 61 - 64 Abstract of Hearing placed on file
Confidentiality order dated 08-JUL-2014 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 24-JUN-2014 Result: granted granted (on consent) Filed on 08-JUL-2014 copies sent to parties entered in J. & O. Book, volume 1236 page(s) 153 - 165 Interlocutory Decision
Solicitor's certificate of service on behalf of Nando DeLuca confirming service of doc 18 upon Defendant by electronic mail and courier on 28-APR-2014 filed on 07-MAY-2014
Amended Reply and Defence to Counterclaim filed on 07-MAY-2014
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 22-APR-2014 directing that with respect to doc. 16, the pleading was filed inadvertently and was to be provided as a courtesy copy, the pleading was not filed as of right. Out of disussions at the case management conference on 22-APR-2014 and with the plaintiff's consent, the pleading at doc. 16 is accepted for filing. placed on file on 22-APR-2014
Toronto 22-APR-2014 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the motion to strike on T-393-14 will take place as a special sitting after general sittings on 20-MAY-2014. At teh conclusion of the motion the court will also conduct a case management conference with the parties. Responding motion record is due on or before 15-MAY-2014 at noon. held by way of Conference Call in chambers Duration per day: 22-APR-2014 from 14:03 to 14:34 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 31min Appearances: Nando De Luca and Jerry Topolski 416-597-4288 representing Plaintiff Allyson WhyteNowak, Patrick Kierans and Kristen Wall 416-216-3904 representing Defendant Minutes of Hearing entered in Vol. 901 page(s) 342 - 346 Abstract of Hearing placed on file
Letter from Plaintiff dated 08-APR-2014 replying to letter of defendant dated 8-APR-2014 (re: amendment to pleading) received on 08-APR-2014
Letter from Defendant dated 08-APR-2014 responding to the plaintiff letter dated 7-APR-2014 received on 08-APR-2014
Letter from Plaintiff dated 07-APR-2014 objecting to the filing of the further amended statement of the defence received on 07-APR-2014
Solicitor's certificate of service on behalf of Kristin Wall confirming service of Doc. No. 16 upon Plaintiff by telecopier on 04-APR-2014 filed on 04-APR-2014
Further Amended Defence and Counterclaim filed on 04-APR-2014
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 28-MAR-2014 directing that a case management conference will take place on 22-APR-2014 at 2:00 p.m. placed on file on 28-MAR-2014
Toronto 28-MAR-2014 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: defendant to deliver revised pleading by April 4th, 2014; defendant's motion to strike on this file and T-393-14 to be delivered by April 17th, 2014; further case management conference to take place on 22-APR-2014 at 2:00 p.m. held by way of Conference Call in chambers Duration per day: 28-MAR-2014 from 11:02 to 11:35 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 33min Appearances: Jerry Topolski and Nando De Luca 416-597-4288 representing Plaintiff Allyson Whyte Nowak and Kristin Wall 416-216-4096 representing Defendant Minutes of Hearing entered in Vol. 900 page(s) 132 - 135 Abstract of Hearing placed on file
Order dated 21-MAR-2014 rendered by Kevin Aalto, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: matter to specially managed jointly with T-393-14; further case conference to take place on 28-MAR-2014 at 11:00 a.m. Filed on 21-MAR-2014 copies sent to parties entered in J. & O. Book, volume 1223 page(s) 483 - 484 Interlocutory Decision
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 19-MAR-2014 directing that a case management conference will take place on this file on 28-MAR-2014 at 11:00 a.m. placed on file on 19-MAR-2014
Toronto 19-MAR-2014 BEFORE Kevin Aalto, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: a further case conference will take place on March 28, 2014 at 2:00 p.m. held by way of Conference Call in chambers Duration per day: 19-MAR-2014 from 11:31 to 11:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Jake Schutz Total Duration: 14min Appearances: Nando DeLuca 416-597-4288 representing Plaintiff Allyson Whyte Nowak 416-216-4096 representing Defendant Minutes of Hearing entered in Vol. 899 page(s) 303 - 305 Abstract of Hearing placed on file
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 28-FEB-2014 directing that a CMC has been scheduled for 19-MAR-2014 starting at 11:30 placed on file on 28-FEB-2014
Letter from Plaintiff dated 21-FEB-2014 requesting a case management conference to resolve a scheduling dispute. Counsel is available next week and the week of March 3, 2014. *** Scanned to CMT-TOR for Aalto, P., CMJ *** received on 21-FEB-2014
Solicitor's certificate of service on behalf of Kristin Wall confirming service of doc. 13 upon Plaintiff by telecopier on 25-NOV-2013 filed on 25-NOV-2013
Reply to Defence to Counterclaim on behalf of Defendant (Pfizer Canada) Filed on 25-NOV-2013
Covering letter from Plaintiff dated 28-OCT-2013 concerning Doc. No. 11 placed on file on 28-OCT-2013
Affidavit of service of Jessica Oliveira sworn on 25-OCT-2013 on behalf of Plaintiff confirming service of doc 11 upon Defendant by courier on 24-OCT-2013 filed on 28-OCT-2013
Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 28-OCT-2013
Consent on behalf of all parties to pursuant to rule 7 to an extension of time to serve and file the reply and defence to counterclaim filed on 28-OCT-2013
Letter from Plaintiff dated 20-SEP-2013 providing the court with mutual dates of availability for a CMC received on 20-SEP-2013
Oral directions received from the Court: Kevin Aalto, Prothonotary dated 24-SEP-2013 directing that the court approves counsel's schedule outlined in the letter of 23-SEP-2013 placed on file on 24-SEP-2013
Letter from Plaintiff dated 23-SEP-2013 We write further to our letter of September 20, 2013 which requested a CMC to discuss the next steps in the action, this letter is sent with the approval of the Defendant, Pfizer Canada Inc. SCANNED TO PROTHONOTARY AALTO AND CMT TORONTO. received on 23-SEP-2013
Letter from Plaintiff dated 20-SEP-2013 "We write further to the letter dated September 4, 2013 sent by counsel for Pfizer to the Court which advised on the progress made by the parties in setting a schedule for the next steps in the action, and which advised that, if the parties were unable to agree on a schedule, that a case management teleconference would be sought. Unfortunately, to date, the parties have been able to agree upon a schedule. in view thereof, we have canvassed Pfizer's counsel and can advise that counsel are jointly available for a case management teleconference on October 2,3,9,14,15 and 16, 2013. The parties will, of couse, continue to work on an agreed upon schedule in the interim." (Scanned to Aalto, P. on 20-SEP-2013) received on 20-SEP-2013
Communication to the Court from the Registry dated 11-SEP-2013 re: Letter dated September 4, 2013 sent to Court for consideration
Letter from Defendant dated 04-SEP-2013 providing a status update, advising the parties are still working on a schedule and that mutual dates of availability for a cmc will be provided as soon as possible received on 05-SEP-2013
Acceptance of Service received from PLAINTIFF BY COUNTERCLAIM, PHARMACIA AKTIEBOLAG with respect to DOC 7 filed on 10-SEP-2013
Solicitor's certificate of service on behalf of KRISTIN WALL confirming service of DOC 7 upon Plaintiff by process server on 10-SEP-2013 filed on 10-SEP-2013
AMENDED Statement of Defence and Counterclaim on behalf of Defendant filed on 10-SEP-2013
Acceptance of Service received from plaintiff by counterclaim Phamacia Aktiebolag with respect to Doc. No. 4 filed on 09-SEP-2013
Solicitor's certificate of service on behalf of Kristin Wall confirming service of Doc. No. 4 upon Plaintiff by process server on 06-SEP-2013 filed on 09-SEP-2013
Defence and Counterclaim on behalf of Defendant filed on 30-AUG-2013 other action - $150.00
Order dated 26-AUG-2013 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 25-JUL-2013 Result: It is ordered pursuant to Rule 383 that Prothonotary Kevin R. Aalto is assigned as Case Management Judge in this matter. Filed on 26-AUG-2013 entered in J. & O. Book, volume 1203 page(s) 11 - 11 Interlocutory Decision
Letter from Plaintiff dated 19-AUG-2013 re: Appointment of a Case Management Judge -scanned to TRIAL JA- received on 19-AUG-2013
Memorandum to file from R369 team, Toronto dated 26-JUL-2013 doc # 2 sent to the Respondent by email placed on file.
Acknowledgment of Service received from Plaintiff with respect to doc # 2 placed on file on 26-JUL-2013
Order dated 25-JUL-2013 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Respondent dated 23-JUL-2013 re: requesting that the action be designated as a specially managed proceeding and seeking other reliefs Result: granted Filed on 25-JUL-2013 copies sent to parties entered in J. & O. Book, volume 1200 page(s) 332 - 333 Interlocutory Decision
Communication to the Court from the Registry dated 25-JUL-2013 re: Respondent's letter dated July 23, 2013 sent to court
Letter from Respondent dated 23-JUL-2013 with consent from the Applicant, requesting that the requirement to serve and file motion record under Rule 364 be dispensed with and requesting that the action be designated as a specially managed proceeding and other reliefs. received on 23-JUL-2013
Statement of Claim filed on 14-JUN-2013 Tariff other action - $150.00
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