Order dated 30-OCT-2008 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 27-OCT-2008 Result: THIS COURT ORDERS that: 1. The action and counterclaim is hereby dismissed without costs. Filed on 30-OCT-2008 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1037 page(s) 229 - 229 Final Decision

Communication to the Court from the Registry dated 29-OCT-2008 re: letter from the plaintiff dated October 27, 2008

Letter from Plaintiff dated 27-OCT-2008 providing a draft order on consent dismissing the action and counterclaim on a without costs basis received on 27-OCT-2008

Letter from Defendant dated 09-SEP-2008 indicating that they do not oppose that the trial dates be released received on 09-SEP-2008

Communication to the Court from the Registry dated 10-SEP-2008 re: Letter from the Plaintiff dated September 9, 2008

Letter from Plaintiff dated 09-SEP-2008 in response to the Court's Direction dated September 8, 2008 providing the Court with an update on the status of the settlement documentation. received on 09-SEP-2008

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 08-SEP-2008 directing that Parties are to advise as to progress of settlement by September 9, 2008 and to indicate dates by which closing documents will be filed. Parties are to note, that in any case, the trial dates will be released as of Friday of this week. placed on file on 08-SEP-2008 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 30-JUL-2008 advising the Court that the parties have reached a settlement and are in the process fo preparing the necessary settlement documentation (cc'd to D's counsel) received on 30-JUL-2008

Order (time and place) dated 04-JUL-2008 rendered by Chief Justice Lutfy and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Ottawa on 19-OCT-2009 to begin at 09:30 duration: 18d 3h language: E Filed on 04-JUL-2008 cc's sent to parties & to CAS-SATJ Office: TORONTO entered in J. & O. Book, volume 1028 page(s) 4 - 4 Transmittal letters placed on file

Letter from Defendant dated 10-MAR-2008 responding to the Direction of the Court dated March 7, 2008. received on 10-MAR-2008

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 14-MAR-2008 directing that Re: Pre-Trial Order - Leave to file; section 7 of the Canada Evidence Act (the "Act") As there is no consensus on point, the Pre-Trial Order will issue without reference to the matter leaving it to the parties to comply with the Act or seek leave, as necessary or as directed by the hearing judge. placed on file on 14-MAR-2008 Confirmed in writing to the party(ies)

Order dated 14-MAR-2008 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Pre-Hearing Conference Result: 1. The office of the Chief Justice will notify the parties of the earliest available opportunity for 18.5 days to be set aside, in Toronto, for the trial fo this matter in the English language. 2. The factual and legal issues to be determined are as pleaded. They encompass infringement and invalidity claims. By Order of March 18, 2004, damages for infringement have been bifurcated. 3. Apotex shall advise no later than 180 days before trial which claims of the patent it intends to pursue; 4. Expert Reports: (i) Expert Reports in Chief shall be served no later than 120 days before the first scheduled day of trial. Expert Reports in Chief may consist of: (a) Plaintiffs - Infringement (b) Defendant - Invalidity (ii) Rebuttal Reports shall be served no later than 60 days before the first scheduled day of the trial. Rebuttal Reports may consist of: (a) Plaintiffs - Validity (b) Defendant - Non-Infringement 5. Testing (i) Test results in Chief will be exchanged by the parties no later than 180 days before the first scheduled day of the trial. (ii) Test results in Rebuttal will be exchanged by the parties no later than 90 days before the first scheduled day of the trial. 6. Requests to admit will be exchanged no later than 90 days before the first scheduled day of the trial. 7. Responses to requests to admit will be exchanged no later than 60 days before the first scheduled day of the trial. 8. The Trial Record shall include an Agreed Statement of Facts and the parties shall submit a Joint Book of documents. The Joint Book of Documents will include a table of contents noting whether each document is admitted as to authenticity and/or as to the truth of its content and shall be filed with the Court thirty (30) days prior to trial. 9. By no later than thirty (30) days from a trial date having been fixed, parties shall request a teleconference with Prothonotary Lafrenière to discuss the feasibility of resuming judicially assisted mediation. Filed on 14-MAR-2008 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1016 page(s) 333 - 335 Interlocutory Decision

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 07-MAR-2008 directing that If there are competing proposals for inclusion in the Pre-trial Order having to do with the timing of motions for leave to file evidence exceeding what is prescribed by section 7 of the Canada Evidence Act, they are to be filed electronically with accompanying submissions by 12:00 noon of March 10, 2008, failing which, the Order will issue without a provision dealing with the question. placed on file on 07-MAR-2008 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 29-FEB-2008 providing the Court with the trial charts for each party and a draft order on consent received on 29-FEB-2008

Trial Chart on behalf of Apotex filed on 29-FEB-2008

Trial Chart on behalf of Pharmascience filed on 29-FEB-2008

Ottawa 21-FEB-2008 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Pre-Trial Conference Result of Hearing: The Court will issue the pre-trial order upon the submissions of the parties on expert reports and new trial charts due on February 29, 2008 held by way of Conference Call Duration per day: 21-FEB-2008 from 02:00 to 02:55 Courtroom : Judge's Chambers - Ottawa Court Registrar: Annette Houle Total Duration: 55min Appearances: Mr. Lederman and Mr. Simpson 416-979-2211 representing Plaintiff Mr. Gingras 416-401-7295 representing Client representative of the Plaintiff Ms Bremner 416-777-0311 representing Defendant Ms McNicoll 649-946-5500 representing Client representative of the Defendant Minutes of Hearing entered in Vol. 769 page(s) 118 - 122 Abstract of Hearing placed on file

Covering letter from Defendant dated 14-FEB-2008 concerning Doc. Nos. 122 123 placed on file on 14-FEB-2008

Solicitor's certificate of service on behalf of Robert Shapiro confirming service of Trial Chart upon Plaintiff by telecopier on 14-FEB-2008 filed on 14-FEB-2008

Trial Chart on behalf of the Defendants filed on 14-FEB-2008

Covering letter from Plaintiff dated 14-FEB-2008 concerning Doc. No. 121 placed on file on 14-FEB-2008

Trial Chart on behalf of the Plaintiffs filed on 14-FEB-2008

Covering letter from Defendant dated 07-FEB-2008 concerning Doc. No. 120 placed on file on 07-FEB-2008

Pre-trial conference memorandum on behalf of Defendant with proof of service upon Plaintiff on 07-FEB-2008 filed on 07-FEB-2008

Memorandum to file from Annette Houle, Ottawa dated 02-JAN-2008 The Defendant's counsel called to indicate that they would be in attendance for the pre-trial conference. placed on file.

Notice of pre-trial conference dated 07-DEC-2007 further to the directions of Roza Aronovitch, Prothonotary fixing Pre-Trial Conference to be heard at Special Sitting in Ottawa on 21-FEB-2008 to begin at 02:00 duration: 1h 30min language: E by way of conference call Filed on 07-DEC-2007 issued to parties Pre-trial conference memorandum to be served and filed no later than 07-FEB-2008

Letter from Plaintiff dated 26-NOV-2007 pursuant to the Court's Direction dated November 21, 2007 providing the Court with the parties availability for a pre-trial conference received on 26-NOV-2007

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 21-NOV-2007 directing that Re: Pre-Trial Conference The dates provided are not available to the Court, by November 26, 2007 parties are to provide new common dates of availability in January and February 2008. placed on file on 21-NOV-2007 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 19-NOV-2007 indicating that the matter has not settled and that the plaintiffs would like to proceed to schedule a pre-trial conference as soon as possible. received on 19-NOV-2007

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 14-NOV-2007 directing that By November 19, 2007 the plaintiffs are to file a status report as to whethe they wish to proceed to pre-trial or hold the matter in abeyance pending settlement discussions. placed on file on 14-NOV-2007 Confirmed in writing to the party(ies)

Memorandum to file from Cherlin McColman, Toronto Local Office dated 19-OCT-2007 An offer to settle this file along with T-1036-01 was made by the Defendant Pharmascience. Counsel shall provide a status update by October 26, 2007. placed on file.

Order dated 18-OCT-2007 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 105 Result: 1. Pharmascience's motion to compel docs and Apotex's motion to not be required to produce certain correspondence by reason of solicitor- client privilege are granted as follows and are otherwise denied. 2. Following docs need not be produced to Pharmascience 3. The following documents are not privileged and shall be produced to Pharmascience within ten (10) days from the date of this Order 4. Costs shall be in the cause. Filed on 18-OCT-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1000 page(s) 328 - 332 Interlocutory Decision

Toronto 03-OCT-2007 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Dispute Resolution Conference is adjourned until completion of the mediation in Court File Nos. T-559-00 and T-1036-01 currently scheduled for October 19, 2007 held by way of Conference Call in chambers Duration per day: 03-OCT-2007 from 04:00 to 04:10 Courtroom : Judge's Chambers - Toronto Court Registrar: Cherlin McColman Total Duration: 10min Appearances: Mr. David Lederman 416-979-2211 representing Plaintiff Ms. Paula Bremner 416-777-0311 representing Defendant Minutes of Hearing entered in Vol. 758 page(s) 309 - 310 Abstract of Hearing placed on file

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 01-OCT-2007 directing that A case management teleconference shall be held on Wednesday, October 3, 2007 at 4:00 pm. EST. placed on file on 01-OCT-2007 Confirmed in writing to the party(ies)

Draft order concerning Motion Doc. No. 105 received on 12-SEP-2007

Draft Order concerning Motion Doc. No. 105 received on 12-SEP-2007

Affidavit of service of Darshan O'Brien sworn on 17-SEP-2007 on behalf of Plaintiff confirming service of doc 115 & 116 upon Defendant by process server on 17-SEP-2007 filed on 17-SEP-2007

Pre-trial conference memorandum on behalf of Plaintiff filed on 17-SEP-2007 in triplicate.

Requisition for pre-trial conference from Plaintiff filed on 17-SEP-2007 Tariff Any other action - $300.00

Ottawa 11-SEP-2007 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Motion Doc. No. 105 on behalf of Plaintiff asserting Solicitor-Client Privilege Result of Hearing: Matter reserved held in chambers Duration per day: 11-SEP-2007 from 11:29 to 01:00 Courtroom : Judge's Chambers - Ottawa Court Registrar: Sylvie Roy Total Duration: 1h31min Appearances: Mr. John Simpson (416) 979-2211 representing Plaintiff Ms. Paula Bremner (416) 777-0311 representing Defendant Draft Decision to be submitted by Plaintiff Comments: Draft order to be emailed to Case management team by the end of the day, Tueday, September 11, 2007 Minutes of Hearing entered in Vol. 756 page(s) 313 - 318 Abstract of Hearing placed on file

Toronto 06-SEP-2007 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Mediation Result of Hearing: Matter put over until Sep 7, 2007 at 2:00 pm Before the Court: Mediation Result of Hearing: The parties have until 5:00 on Sep 10, 2007 to advise the Court of any settlement agreement held in Court Duration per day: 06-SEP-2007 from 10:00 to 02:00 Courtroom : Discovery Room No. 4-45 - Toronto Court Registrar: Christopher Garito 07-SEP-2007 from 02:00 to 02:30 Courtroom : Discovery Room No. 4-45 - Toronto Court Registrar: Christopher Garito Total Duration: 2d Appearances: David Lederman 416-979-2211 representing Plaintiff Warren Sprigings/Paula Bremner 416-777-0311 representing Defendant Minutes of Hearing entered in Vol. 756 page(s) 200 - 201 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Defendant, Pharmascience confirming service of Responding Motion Record and Book of Authorities of Pharmascience inc. upon Plaintiffs (Apotex) by personal service on 05-SEP-2007 filed on 05-SEP-2007

Covering letter from Paul Bremner, Defendant Pharmascience inc. dated 05-SEP-2007 concerning Responding Motion Record and Book of Authorities being filed placed on file on 07-SEP-2007

Responding Book of Authorities consisting of 1 volume(s) on behalf of Responding Party/Defendant (Plaintiffs by Counterclaim), Pharmascience Inc. received on 06-SEP-2007

Motion Record in response to Motion Doc. No. 105 containing the following original document(s): 111 112 Number of copies received: 3 on behalf of Solicitors for the Responding Party/Plaintiff (Defendant by Counterclaim) filed on 06-SEP-2007

Written Representations contained within a Motion Record on behalf of Responding Party/Plaintiff (Defendant by Counterclaim) concerning Motion Doc. No. 105 filed on 06-SEP-2007

Affidavit of Ranita Ramcharan sworn on 05-SEP-2007 contained within a Motion Record on behalf of Solicitors for the Responding Party/Plaintiff (Defendant by Counterclaim) in opposition to Motion Doc. No. 105 with Exhibits a to l filed on 06-SEP-2007

Documents at Issue on Plaintiffs' Motion Asserting Solicitor-Client Privilege further to Prothonotary Aronovitch's direction at hearing of August 30th, 2007 filed on 04-SEP-2007

Memorandum to file from Sophie Bélisle - Ottawa dated 04-SEP-2007 The Plaintiffs submitted on September 4, 2007, along with a Motion for a protective Order, a sealed enveloppe containing the Documents at Issue. placed on file.

Correction to General Sitting concerning Motion Doc. No. 105 Hearing removed from General Sitting at Ottawa on 11-SEP-2007 Reason for correction: this matter will be heard by Madam Prothonotary Aronovitch by teleconference in her chambers on September 11, 2007 at 10:00am

Correction to General Sitting concerning Motion Doc. No. 105 Hearing rescheduled from General Sitting at Ottawa on 11-SEP-2007 to General Sitting at Ottawa on 11-SEP-2007 at 10:00 duration: 2h Language: E Reason for correction: Hearing information in Recorded Entry made on 04-SEP-2007 had been entered in error.

Affidavit of service of Rhonda Jameson sworn on 31-AUG-2007 on behalf of the Plaintiffs/Apotex Inc. confirming service of Doc. No. 108 (Motion Record of the Plaintiffs, Apotex Inc.) upon Defendant Pharmascience Inc. by overnight courier on 31-AUG-2007 filed on 04-SEP-2007

Motion Record containing the following original document(s): 105 106 107 Number of copies received: 3 on behalf of the Plaintiffs/Apotex Inc. filed on 04-SEP-2007

Written Representations contained within a Motion Record on behalf of the Plaintiffs/Apotex Inc. concerning Motion Doc. No. 105 filed on 04-SEP-2007

Affidavit of Rhonda Jameson sworn on 31-AUG-2007 contained within a Motion Record on behalf of the Plaintiffs/Apotex Inc. in support of Motion Doc. No. 105 with Exhibits "A" "B" "C" "D" filed on 04-SEP-2007

Notice of Motion contained within a Motion Record on behalf of the Plaintiffs/Apotex Inc. returnable at General Sitting in Ottawa on 11-SEP-2007 to begin at 10:00 duration: 2h language: E for An order directing that the Plaintiffs are not required to produce certain written correspondence in which legal advice was sought by the Plaintiffs or provided by their solicitors, in respect of the Plaintiffs' application for re-issuance of Canadian Patent by reason of solicitor-client privilege. BY TELECONFERENCE filed on 04-SEP-2007

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 30-AUG-2007 directing that "Failing settelement of this action on September 6, 2007, the plaintiffs will serve and file a requisition for pre-trial conference by September 17, 2007, as undertaken in plaintiffs' correspondent dated April 27, 2007, without the necessity for expert reports, as directed by the Court on May 22 2007." placed on file on 30-AUG-2007 Confirmed in writing to the party(ies)

Ottawa 30-AUG-2007 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Motion Doc. No. 88 on behalf of Defendant Result of Hearing: Matter adjourned to Special Sitting in Ottawa on 11-SEP-2007 to begin at 10:00 held by way of Conference Call Duration per day: 30-AUG-2007 from 09:30 to 10:00 Courtroom : Judge's Chambers - Ottawa Court Registrar: Betty Balazic Total Duration: 30mins Appearances: Ms. Paula Bremner (416) 777-0311 representing Defendant (moving party) Mr. John Simpson (416) 849-6016 representing Plaintiffs (Responding party) Comments: This hearing was adjourned to a special sitting that will be heard on September 11, 2007 by teleconference at 10am for 2hrs. regarding a new motion that the Plaintiffs have been asked to file by Madam Prothonotary Aronovitch unless of course a settlement has been reached following a "mediation" hearing that is scheduled to be heard on September 6, 2007 in Toronto. Order of Madam Prothonotary Aronovitch in file T-1321-97 dated June 4, 2004 will be sent to the parties for their perusal and for the Plaintiffs' assistance in filing their "new" motion. The Court directs that the Plaintiffs are to file a "new" motion. There will be two versions of the motion. One will be sealed and the other will be a public version. The "sealed" version should contain an affidavit with the "5 documents" attached (which will be sealed) and written representations. The public version, which will be served to the Defendant will not include the "5 documents". The new motion will be served to the Defendant by Friday, August 31, 2007 and filed with the Court in Ottawa by Tuesday, September 4, 2007. The Defendant will have until September 5, 2007 to serve the Plaintiff and file their responding motion by September 6, 2007 in Ottawa. The Plaintiffs are to serve and file a requisition for pre-trial conference by September 17, 2007 unless there is a settlement following the mediation hearing on September 6, 2007. Minutes of Hearing entered in Vol. 755 page(s) 406 - 413 Abstract of Hearing placed on file

Letter from Defendant dated 29-AUG-2007 providing attached cases for the motion by teleconference to be heard on Thursday, 30-AUG-2007 received on 29-AUG-2007

Solicitor's certificate of service on behalf of Chandimal Nicholas confirming service of doc.#103 and Book of Authorities upon Plaintiffs by personal service on 16-AUG-2007 filed on 29-AUG-2007

Book of Authorities consisting of 1 volume(s) on behalf of Defendant (containing an update at Tab 12 - these replace the previos Autorities) received on 29-AUG-2007 Sent directly to Presiding Judge

Supplementary Affidavit of Ranita Ramcharan sworn on 28-AUG-2007 on behalf of Defendant (moving party) in support of Motion Doc. No. 88 with Exhibits "A" to "C" filed on 29-AUG-2007

Oral directions received from the presiding judge dated 29-AUG-2007 directing that the affidavit of Ranita Ramcharan sworn August 28, 2007 will be filed not withstanding opposition from the responding party. placed on file on 29-AUG-2007

Letter from Defendant dated 28-AUG-2007 confirming that the motion to compel will proceed on Thursday, August 30, 2007. Only items 1 and 4 (listed in Schedule A to Pharmascience's Notice of Motion dated August 16, 2007) are outstanding. Intend to file a "reply" affidavit to the affidavit of I. Hughes today in Ottawa. received on 28-AUG-2007

Affidavit of service of Lisa Di Paolo sworn on 28-AUG-2007 on behalf of Plaintiff confirming service of Book of Authorities received 28-AUG-2007 upon Defendant by courier on 28-AUG-2007 filed on 28-AUG-2007

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 28-AUG-2007 Sent directly to Presiding Judge

Solicitor's certificate of service on behalf of Chandimal Nicholas confirming service of Doc. No. 100 upon Plaintiffs by personal service on 27-AUG-2007 filed on 27-AUG-2007

Sealed envelope pursuant to Protective Order dated 3-FEB-2003 on behalf of Defendant purporting to contain Mediation Brief Filed on 27-AUG-2007

Letter from Plaintiff dated 27-AUG-2007 Respondent to the motion, Apotex, is prepared to proceed with the motion scheduled to be heard on August 30, 2007 in Ottawa. received on 27-AUG-2007

Written directions received from the presiding judge dated 27-AUG-2007 directing that Both parties are to advise the Registry, in writing, by no later than 12:00 noon on August 28, 2007, as to whether their motion will be proceeding on August 30, 2007. All motion records are to be filed in Ottawa. Correspondent to be directed by fax to Betty Balazic, Registry officer, at (613) 947-2141. placed on file on 27-AUG-2007 Confirmed in writing to the party(ies)

Affidavit of service of Lisa Di Paolo sworn on 23-AUG-2007 on behalf of Plaintiff confirming service of Doc 98 upon Defendant by courier on 23-AUG-2007 filed on 23-AUG-2007

Motion Record in response to Motion Doc. No. 88 containing the following original document(s): 96 97 Number of copies received: 3 on behalf of Plaintiff filed on 23-AUG-2007

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 88 filed on 23-AUG-2007

Affidavit of Ivor M. Hughes sworn on 23-AUG-2007 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 88 filed on 23-AUG-2007

Covering letter from Defendant Pharmascience Inc. dated 15-AUG-2007 concerning Pharmascience Inc.'s Motion Record (Motion to Compel Answers) including the Book of Authorities... Since Apotex has provided some answers on June 6, 2007 we have provided an Amended Notice of Motion. placed on file on 16-AUG-2007

Solicitor's certificate of service on behalf of Chandimal Nicholas confirming service of Motion Record and Book of Authorities of Pharmascience Inc. upon Plaintiffs, Apotex Inc. and Bernard Charles Sherman by personal service on 16-AUG-2007 filed on 16-AUG-2007

Book of Authorities consisting of 1 volume(s) on behalf of Pharmascience received on 16-AUG-2007

Motion Record containing the following original document(s): 88 92 93 Number of copies received: 3 on behalf of Pharmascience Inc. filed on 16-AUG-2007

Written Representations contained within a Motion Record on behalf of Pharmascience Inc. concerning Motion Doc. No. 88 filed on 16-AUG-2007

Affidavit of Deborah Kall sworn on 15-AUG-2007 contained within a Motion Record on behalf of Pharmascience Inc. in support of Motion Doc. No. 88 with Exhibits "A" to "S" filed on 16-AUG-2007

Affidavit of service of Darshan O'Brien sworn on 07-AUG-2007 on behalf of Plaintiffs confirming service of Doc. No. 90 upon Defendant by personal service on 07-AUG-2007 filed on 07-AUG-2007

Mediation Brief on behalf of Plaintiffs filed on 07-AUG-2007

Notice of Change of Address on behalf of Defendant filed on 29-MAY-2007

Correction to General Sitting concerning Motion Doc. No. 88 Hearing added to General Sitting at Ottawa on 30-AUG-2007 at 09:30 duration: 2h Language: E Reason for correction: The motion will be heard by videoconference between Ottawa and Toronto pursuant to the oral Direction of the Court dated June 1, 2007

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 01-JUN-2007 directing that "Re: Notice of Motion on behalf of Pharmascience Inc. (Doc. 88) The Motion is to be made returnable at the General Sittings of August 30 2007, in Ottawa, by video conference with Toronto. The moving party's motion record must be served and filed, in Ottawa, by August 16, 2007. The responding party's motion record, with five column chart, separately separately bound, must be served and filed, in Ottawa, by August 23, 2007." placed on file on 01-JUN-2007 Confirmed in writing to the party(ies)

Letter from Defendant dated 28-MAY-2007 pursuant to the Court's Direction of May 22, 2007 providing the Court with a Draft Direction for the hearing of the motions and the filing dates. received on 28-MAY-2007

Letter from Plaintiff dated 22-MAY-2007 inquiring as to whether the date of September 6, 2007 is still available for mediation with Prothonotary Lafreniere. received on 22-MAY-2007

Oral directions received from the Court: Roger Lafrenière, Esq., Prothonotary dated 24-MAY-2007 directing that A mediation will be held on Sep 6/07 in Toronto for 1 day. P's mediation brief due Aug 7 D's mediation brief due Aug 27 and both are to be treated as confidential. placed on file on 24-MAY-2007

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 22-MAY-2007 directing that Re: Notice of Motion on behalf of Pharmascience Inc. (Doc. 88) The motion will likely not take longer than two hours. Accordingly parties are to be prepared to argue it at the general sittings of August 23 or 30, 2007, in Ottawa, by videoconference with Toronto. The Defendant by May 28, 2007 shall advise the Court of the returnable dates chosen by counsel and attach a draft direction setting the motion down and providing for the dates for the filing of motion records the last of which is to be served and filed in Ottawa seven days prior to hearing. placed on file on 22-MAY-2007 Confirmed in writing to the party(ies)

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 22-MAY-2007 directing that Re: Correspondence of April 27, 2007 The plaintiffs are to serve and file their requisition for pre-trial conference without expert reports. placed on file on 22-MAY-2007 Confirmed in writing to the party(ies)

Toronto 16-MAY-2007 BEFORE Roger Lafrenière, Esq., Prothonotary Language: E Before the Court: Case Management Conference Discuss scheduling a Dispute Resolution Conference. Result of Hearing: Mr. Lederman on behalf of all parties will submit a letter indicating dates of availability based on the Court's dates of availability discussed today. held by way of Conference Call Duration per day: 16-MAY-2007 from 02:05 to 02:15 Courtroom : Judge's Chambers - Toronto Court Registrar: Mavis Griffith Total Duration: 10min Appearances: David Lederman 416-979-2211 representing Plaintiff Paula Bremner 416-777-2270 representing Defendant Minutes of Hearing entered in Vol. 748 page(s) 303 - 305 Abstract of Hearing placed on file

Letter from Applicant dated 09-MAY-2007 Re: dates for a cmc received on 14-MAY-2007

Covering letter from Defendant dated 30-APR-2007 concerning Doc. No. 88 placed on file on 30-APR-2007

Notice of Motion on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order requiring Bernard Charles Sherman to re-attend at his expense to answer questions arising from the continued examination for discovery conducted on January 29, 2007 as listed in Scheule "A". filed on 30-APR-2007

Letter from Plaintiff dated 27-APR-2007 providing the Court with an update against the timetable. received on 27-APR-2007

Letter from Plaintiff dated 25-APR-2007 providing availability of the parties for an Alternate Dispute Resolution process before Prothontary Lafrenière received on 25-APR-2007

Letter from Plaintiff dated 29-JAN-2007 seeking to schedule an ADR with Prothonotary Lafreniere as per the direction of Prothonotary Aronovitch dated 08-Jan-2007 received on 29-JAN-2007

Order dated 30-JAN-2007 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from both counsel, on consent dated 18-JAN-2007 re: extension to the timetable Result: (No further extensions are to be requested and none will be granted without detailed submissions, served & filed 30 days prior to expiration of deadline sought) The Order dated June 16, 2006 is amended as follows: a-completion of second round of examinations for discovery is extended to 29-JAN-07; b-deadline for answering any undertakings that arise out of second round of examinations for discovery is extended to 28-FEB-07, for the defendant and within 60 days from the receipt of the transcript of the second round of the examination for discovery for the Plaintiffs; c-Notices of Motion for any motion or motions relating to questions, undertakings and refusals arising out of the second round of examinations for discovery shall be served and filed by 30-APR-07; d-The plaintiffs shall serve & file submissions as to progress against the timetable by 30-APR-07 and at that date provide a fixed date for the filing of a requisition for PTC conference in compliance with R. 258, as amended. By January 31, 2007, the parties shall apply to Mr. Prothonotary Roger Lafrenière requesting an Alternative Dispute Resolution process. Filed on 31-JAN-2007 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 971 page(s) 334 - 335 Interlocutory Decision

Letter from Plaintiff dated 29-JAN-2007 on behalf of all parties jointly applying to Prothonotary Lafrenière to set a date for an alternative dispute resolution process, in accordance with the direction of Madam Prothonotary Aronovitch dated January 8, 2007. (Request faxed to Mr. Lafrenière on 30-JAN-07 and a copy was sent to Madam Aronovitch) received on 29-JAN-2007

Letter from Defendant dated 18-JAN-2007 regarding the direction dated january 8, 2007, the defendant provides their explanation as to why no extension has been sought and they did not comply with the Order of June 16, 2006. The defendant agrees with the schedule proposed by the Plaintiff on January 18, 2007. In addition, the defendant requests that a deadline of january 31, 2007 be set for the parties to apply to the court requesting a date for ADR. received on 19-JAN-2007

Letter from Plaintiff dated 18-JAN-2007 n reply to the direction dated January 8, 2007, providing details of why the parties have not complied with the timetable of June 16, 2006, nor sought an extension. A proposed timetable is attached in letter format. received on 18-JAN-2007

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 08-JAN-2007 directing that It would appear from Mr. Lederman's update of December 13, 2006 that the parties have neither complied with the timetable of June 16, 2006 nor sought to extend the timelines. Both parties are to write to the Court by January 19, 2007 to explain and suggest fixed dates for the completion of steps. As to ADR, on consent, the parties may jointly apply to Prothonotary Lafrenière to set a date for ADR and copy my office on the correspondence. Parties are to provide Prothonotary Lafrenière with a copy of Mr. Lederman's correspondence of December 13, 2006 as well as this direction. placed on file on 08-JAN-2007 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 13-DEC-2006 providing the Court with a status report with respect to the timetable set by the Court pursuant to the Order dated June 16, 2006. received on 13-DEC-2006

Order dated 16-JUN-2006 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: "Upon Considering the submissions of the parties at a Case Management Conference held May 31, 2006, on consent; And Upon being advised that the defendant is consenting to this Order without prejudice to its right to assert that a settlement of this matter has been reached; This Court Orders that: 1. The next steps in this proceeding are as follows: a) The deadline for the completion of the second round of Examinations for Discovery is extended to October 13, 2006; b) The deadline for answering any undertakings that arise out of the second round of Examinations for Discovery is extended to November 30, 2006; c) Notices of Motion for any motion or motions relating to questions, undertakings and refusals arising out the second round of Examinations for Discovery shall be served and filed within 60 days of receipt of the answers to undertakings; and d) The Plaintiffs shall serve and file a requisition for pre-trial conference within 60 days of the final disposition of any motions relating to questions and any subsequent discovery as ordered by the Court. 2. The parties shall participate in an Alternative Dispute Resolution process with Mr. Prothonotary Roger Lafrenière on a date convenient to the Court. 3. The parties will make a status report of progress against this timetable by no later than November 30, 2006." Filed on 16-JUN-2006 certified copies sent to parties and the Toronto local office Transmittal Letters placed on file. entered in J. & O. Book, volume 948 page(s) 102 - 103 Interlocutory Decision

Ottawa 31-MAY-2006 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Plaintiff to submit draft order on consent setting a schedule for the next steps in this proceeding including a request for mediation before Prothonotary Lafrenière held by way of Conference Call Duration per day: 31-MAY-2006 from 02:03 to 02:10 Courtroom : Judge's Chambers - Ottawa Court Registrar: Aalif Adatia Total Duration: 7min Appearances: Mr. David Lederman 416-597-5146 representing Plaintiff Ms. Paula Bremner 416-777-0311 representing Defendant Minutes of Hearing entered in Vol. 722 page(s) 61 - 63 Abstract of Hearing placed on file

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 11-MAY-2006 directing that Today's CMC will be adjourned to May 31, 2006 at 2:00 by TC for a duration of one hour. placed on file on 11-MAY-2006

Ottawa 11-MAY-2006 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Case Management Conference to discuss ADR Result of Hearing: The CMC is adjourned to May 31, 2006 at 2:00 p.m. by TC for one hour held by way of Conference Call Duration per day: 11-MAY-2006 from 02:00 to 02:07 Courtroom : Judge's Chambers - Ottawa Court Registrar: Annette Houle Total Duration: 7min Appearances: David Lederman 416-979-2211 representing Plaintiff Paula Bremner 416-777-2270 representing Defendant Minutes of Hearing entered in Vol. 720 page(s) 330 - 331 Abstract of Hearing placed on file

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 09-MAY-2006 directing that The CMC by TC scheduled for May 9, 2006 will be adjourned to Thursday May 11, 2006 at 2:00 for a duration of one hour. placed on file on 09-MAY-2006

Letter from Respondent Pharmascience Inc. dated 03-MAY-2006 In response to direction dated May 1, 2006, please be advised that we are not available Friday May 12, 2006. We are available May 8-11, 2006. received on 03-MAY-2006

Letter from Plaintiff dated 04-MAY-2006 providing availability for a CMC during the week of May 8, 2006 received on 04-MAY-2006

Letter from Defendant dated 03-MAY-2006 Providing availability for a CMC during the week of May 8, 2006 received on 03-MAY-2006

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 05-MAY-2006 directing that There will be a Case Management Conference by teleconference for one hour on May 9, 2006 at 11:00 a.m. placed on file on 05-MAY-2006 Confirmed in writing to the party(ies)

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 01-MAY-2006 directing that By no later than May 4, 2006 parties are to provide their availability during the week of May 8, 2006 to attend a Case Management Conference to discuss alternative dispute resolution. placed on file on 01-MAY-2006 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 28-APR-2006 Further to the oral direction of Madam Prothonotary Aronovitch issued on March 27, 2006. The Plaintiffs take the position that no settlement has been reached and therefore intend to proceed with the action. Accordingly an amendment to the current timetable in this proceeding is required. We are of course, amendable to participate in the form of Alternate Dispute Resolution in an effort to resolve the outstanding issues between the parties, including the issue of settlement. received on 28-APR-2006

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 27-MAR-2006 directing that Mr. Lederman is to report on status by no later than April 28, 2006. placed on file on 27-MAR-2006 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 20-MAR-2006 We are the solicitors for Apotex Inc. and write further to Court's request that the parties advise whether they would be willing to entertain a form of Alternative Dispute Resolution in respect of this matter. An issue has arisen between the parties as to whether a settlement has been reached. The parties are hopeful that they will be able to resolve this matter in a matter of weeks without the Court's intervention. However, if the parties are uanble to resolve the issue themselves, they would be amenable to a form of Alternative Dispute Resolution. received on 20-MAR-2006

Order dated 25-NOV-2005 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion in writing Doc. No. 79 Result: granted Timetable - parties to submit joint letter to the Court regarding ADR by February 10/06 Filed on 25-NOV-2005 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 921 page(s) 196 - 197 Interlocutory Decision

Affidavit of service of Kelly Hensel-Vervaeke sworn on 07-NOV-2005 on behalf of Plaintiff confirming service of doc 7 upon Plaintiff by courier on 07-NOV-2005 filed on 07-NOV-2005

Consent on behalf of Plaintiff Defendant to doc 79 filed on 07-NOV-2005

Motion Record containing the following original document(s): 79 80 81 83 Number of copies received: 3 on behalf of Plaintiff filed on 07-NOV-2005

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 79 filed on 07-NOV-2005

Affidavit of Nicole Roth sworn on 07-NOV-2005 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 11 filed on 07-NOV-2005

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be dealt with in the Ottawa local office for an Order extending the deadline for the completion of the second round of examination for discovery, etc. filed on 07-NOV-2005 Draft Order\\Judgment received.

Order dated 17-JUN-2005 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 09-JUN-2005 Result: Parties to serve answers to undertakings by January 3/06; settlement discussions to occur by that date - Notice of motion regarding refusals to be served and filed within 60 days - plaintiff to serve and file requisition for PTC within 60 days of disposition of motions - any further extensions require a motion Filed on 17-JUN-2005 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 903 page(s) 314 - 315 Interlocutory Decision

Letter from Plaintiff dated 13-JUN-2005 in response to Defendant's letter dated 9-JUN-2005 re: proposed scheduling Order (cc'd to D's counsel) received on 13-JUN-2005

Letter from Defendant dated 09-JUN-2005 enclosing a draft order received on 09-JUN-2005

Copy of Judgment and Reasons for Judgment dated 19-APR-2005 rendered by Chief Justice Richard The Honourable Mr. Justice Noël The Honourable Mr. Justice Sexton placed on file. Original filed on Court File No. A-463-04

Written directions received from the Court: Roza Aronovitch, Prothonotary dated 01-JUN-2005 directing that so far as I can see, parties have not complied with paragraph 6 of the timetable ordered on June 23, 2003, as the appeals of my order issued on May 3, 2004, did not affect a stay of the timetable. Parties, whether jointly or separately have to June 9, 2005 to serve and file timetables by way of draft order, in duplicate, with a second copy to CMT_ottawa@cas-satj. gc.ca. placed on file on 01-JUN-2005 Confirmed in writing to the party(ies)

Certified French language Translation of Reasons for Order and Order rendered on 31-AUG-2004 by The Honourable Mr. Justice Blais filed on 16-DEC-2004 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Reasons for Order and Order entered in J. & O. Book, volume 883 page(s) 44 - 44 and copy placed on file.

Copy of Confidential - Schedule "A" to Notice of Appeal placed on file on 01-NOV-2004 Original placed on Court File No. A-463-04

Copy of letter on behalf of Appellant dated 12-OCT-2004 placed on file on 01-NOV-2004 Original filed on Court File No. A-463-04

Copy of Notice of Appeal (Appeal Court File No. A-463-04 ) appealing the Order of the Honourable Mr. Justice Blais dated August 31, 2004 filed in the Court of Appeal on 10-SEP-2004 on behalf of the Applicant Apotex Inc. and Bernard Charles Sherman placed on file on 16-SEP-2004

Reasons for Order and Order dated 31-AUG-2004 rendered by The Honourable Mr. Justice Blais Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 69 Result: dismissed Filed on 31-AUG-2004 copies sent to parties Transmittal Letters placed on file. Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 870 page(s) 352 - 352

Toronto 26-JUL-2004 BEFORE The Honourable Mr. Justice Blais Language: E Before the Court: Motion Doc. No. 69 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: JOhn Jasenec Duration per day: 26-JUL-2004 from 11:35 to 01:10 Courtroom : Courtroom No. 1 - Toronto Court Registrar: Imrana Ahmed Total Duration: 1h 35min Appearances: David Lederman 416-597-5146 representing Plaintiff Paula Bremner 416-777-0311 representing Defendant Minutes of Hearing entered in Vol. 668 page(s) 287 - 290 Abstract of Hearing placed on file

Affidavit of service of Marcos Aleman sworn on 23-JUL-2004 on behalf of Plaintiff confirming service of the Plaintiff's Book of Authorities upon Defendant by personal service on 23-JUL-2004 filed on 23-JUL-2004

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 23-JUL-2004

Solicitor's certificate of service on behalf of Paula Bremner confirming service of Doc. 73 and the Defendant's Book of Authorities upon Plaintiff by personal service on 23-JUL-2004 filed on 23-JUL-2004

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 23-JUL-2004

Sealed envelope pursuant to the Protective Order of Prothonotary Lafrenière dated 3-FEB-2003 on behalf of Defendant purporting to contain the Responding Motion Record of Pharmascience Inc. Filed on 23-JUL-2004

Affidavit of service of Raissa Arnold sworn on 13-MAY-2004 on behalf of Plaintiff confirming service of doc.69 upon Defendant by telecopier on 13-MAY-2004 filed on 22-JUL-2004

Affidavit of service of Marcos Aleman sworn on 21-JUL-2004 on behalf of Plaintiff confirming service of doc.70 upon Defendant by personal service on 21-JUL-2004 filed on 21-JUL-2004

Sealed envelope pursuant to Order dated 3-Feb-2003 on behalf of Plaintiff purporting to contain motion record (appeal of order (Madam Prothonotary Aronovitch dated April 20,2004) Filed on 21-JUL-2004

Notice of Motion contained within a Motion Record on behalf of Plaintiff (Motion in sealed envelope pursuant to Protective Order 3-Feb-03 returnable at General Sitting in Toronto on 26-JUL-2004 to begin at 09:30 duration: 2h language: E for an appeal of the decision of Roza Aronovitch, Prothonotary dated 20-APR-2004 David Lederman 416-979-2211 filed on 21-JUL-2004

Written directions received from the Court: Roza Aronovitch, Prothonotary dated 17-MAY-2004 directing that "there is no need to reissue the orders- the timelines for any appeal are to run as of the date the order was signed." placed on file on 17-MAY-2004 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 10-MAY-2004 further to the Orders of Madam Prothonotary Aronovitch (Docs. 67 & 68): "While the Orders were not signed until 3-MAY-2004, we note that the Orders are dated April 19 and 20, 2004. We have received instructions to bring motions seeking to set aside these Orders and thus respectively request that the Orders be reissued, each of which reflecting the actual date the Orders were signed." received on 10-MAY-2004

Order dated 19-APR-2004 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 51 Result: granted in part The Plaintiffs are to answer specified questions along with any proper follow-up questions; The parties are to conduct settlement discussions before the expiry of 60 days from the close of discovery; Costs are fixed at $2000 to Pharmascience in the cause. Order signed the 3rd day of May, 2004. Filed on 03-MAY-2004 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 856 page(s) 247 - 252 Interlocutory Decision

Order dated 20-APR-2004 rendered by Roza Aronovitch, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 57 Result: granted in part The Defendant is to answer specified questions; The parties are to conduct settlement discussions before the expiry of 60 days from the close of discovery. Costs are fixed in the amount of $1,500.00 to the Defendant in any event of the cause. Order signed the 3rd day of May, 2004. Filed on 03-MAY-2004 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 856 page(s) 239 - 244 Interlocutory Decision

Letter from Plaintiff dated 30-APR-2004 enclosing a draft order re: Motion Doc. 57 which has been approved as to form and content by counsel for the Defendant received on 30-APR-2004

Letter from Defendant dated 30-APR-2004 enclosing a draft order re: Motion Doc. 51 which has been agreed as to form by the parties received on 30-APR-2004

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 28-APR-2004 directing that the requested extensions of time to 30-APR-2004 are granted. placed on file on 28-APR-2004

Letter from Defendant dated 28-APR-2004 requesting an extension of time until 30-APR-2004 to provide draft orders regarding the Motions to compel. received on 28-APR-2004

Letter from Plaintiff dated 28-APR-2004 requesting an extension of time until 30-APR-2004 to provide draft orders regarding the Motions to compel heard April 19 & 20, 2004. received on 28-APR-2004

Toronto 19-APR-2004 BEFORE Roza Aronovitch, Prothonotary Language: E Before the Court: Motion Doc. No. 51 on behalf of Defendant Result of Hearing: Matter partially granted Before the Court: Motion Doc. No. 57 on behalf of Plaintiff Result of Hearing: Matter partially granted held in Court Senior Usher: John Jasenec 19-APR-2004 John Jasenec 20-APR-2004 Duration per day: 19-APR-2004 from 09:30 to 04:55 Courtroom : Courtroom No. 7 - Toronto Court Registrar: Jim Outtrim 20-APR-2004 from 09:30 to 02:55 Courtroom : Courtroom No. 7 - Toronto Court Registrar: Jim Outtrim Total Duration: 2d Appearances: Mr.David E.Lederman 416-979-2211 representing Plaintiff Ms.Paula Bremner 416-777-2270 representing Defendant Draft Decision to be submitted by Plaintiff and Defendant Comments: The Court orders costs to the Defendant (re:motion doc.51) $2000.00, and costs to the Defendant (re:motion doc.57) $1500.00. The Court directed that the Defendant submit draft order (re:motion doc.51) and the Plaintiff submit draft order (re:motion doc.57) with approval of draft order in form and content by Wednesday April 28,2004. The Court directed that the parties submit an amended time table including a date for settlement discussions. Minutes of Hearing entered in Vol. 660 page(s) 28 - 43 Abstract of Hearing placed on file

Affidavit of service of NELSON PAESCH sworn on 16-APR-2004 on behalf of Plaintiff confirming service of PLAINTIFFS BOOK OF AUTHORITIES ---DEFENDANTS MOTION TO COMPEL AND PLAINTIFFS BOOK OF AUTHORITIES 2 VOLS RE: PLAINTIFFS MOTIN TO COMPEL upon Defendant by personal service on 16-APR-2004 filed on 16-APR-2004

Book of Authorities consisting of 2 volume(s) on behalf of Plaintiff re:plaitniffs motion to compel received on 16-APR-2004

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff RE: the defendants motion to compel received on 16-APR-2004

Covering letter from Defendant dated 14-APR-2004 concerning Defendant's book of authorities received 14-APR-2004 and doc # 65. placed on file on 14-APR-2004

Solicitor's certificate of service on behalf of Paula Bremer confirming service of Book of Authorities (Defendant's) upon Plaintiff Apotex Inc. by personal service on 13-APR-2004 filed on 14-APR-2004

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 14-APR-2004

Covering letter from Defendant dated 06-APR-2004 concerning Doc. Nos. 63 64 placed on file on 06-APR-2004

Solicitor's certificate of service on behalf of Paula Bremner confirming service of Doc. 63 upon Plaintiff by courier on 05-APR-2004 filed on 06-APR-2004

Sealed envelope pursuant to Protective Order dated 3-FEB-2003 on behalf of Defendant purporting to contain Responding Motion Record (2 Vol.) re: Motion Doc. 57 Filed on 06-APR-2004

Letter from Plaintiff (received by e-mail) dated 24-MAR-2004 re: three confidential documents were inadvertently included in Apotex' Motion Record re its motion to strike/compel (Doc. 59). Tabs 6, 9 and 10 should be sealed and not form part of the public record; labels for envelopes are provided accordingly. received on 24-MAR-2004

Affidavit of service of Nicole Roth sworn on 23-MAR-2004 on behalf of Plaintiff confirming service of docs #61 and 59 upon Defendant by courier on 23-MAR-2004 filed on 23-MAR-2004

Motion Record in response to Motion Doc. No. 51 containing the following original document(s): 60 Number of copies received: 3 on behalf of Plaintiff filed on 23-MAR-2004

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 51 filed on 23-MAR-2004

Correction to General Sitting concerning Motion Doc. No. 57 Hearing removed from General Sitting at Toronto on 19-APR-2004 Reason for correction: Hearing information in Recorded Entry made on 23-MAR-2004 had been entered in error.

Motion Record containing the following original document(s): 57 58 Number of copies received: 3 on behalf of Plaintiff filed on 23-MAR-2004

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 57 filed on 23-MAR-2004

Amended Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Toronto on 19-APR-2004 to begin at 09:30 duration: 2h language: E for an Order striking the Twice Amended Statement of Defence and Counterclaim and for an Order requiring the Defendant to provide answers to questions refused. filed on 23-MAR-2004

Order dated 18-MAR-2004 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 25 Result: granted - Bifurcation Order Filed on 18-MAR-2004 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 850 page(s) 307 - 308 Interlocutory Decision

Letter from Plaintiff dated 16-MAR-2004 advising that it has come to their attention that their 369 motion filed 30-JAN-2003 (Doc. 25) for a bifurcation order has not been dealt with; they request that the motion be disposed of. received on 16-MAR-2004

Written directions received from the Court: Roza Aronovitch, Prothonotary dated 15-MAR-2004 directing that (in response to the Plaintiff's letter dated 11-MAR-2004): "Apotex' materials may be served and filed on or before 23-MAR-2004 in Ottawa; the defendant's motion records on or before 6-APR-2004 in Ottawa. Parties are reminded that, for refusals motions, the moving parties' chart as well as that of the responding party are to be filed separately for ease of the Court's reference. That is to say, the charts are not to be included in the motion record but filed separately, with it." placed on file on 16-MAR-2004 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 11-MAR-2004 responding to the direction of the court on 10-MAR-2004 received on 11-MAR-2004

Oral directions received from the Court: Roza Aronovitch, Prothonotary dated 10-MAR-2004 directing that the one week extension of time to 16-MAR-2004 is granted. (for the Plaintiffs to serve and file their Motion Record re: Motion Doc. 49 and responding Motion Record re: Motion Doc. 51 in Ottawa) placed on file on 10-MAR-2004 Confirmed in writing to the party(ies)

Letter from Plaintiffs dated 09-MAR-2004 requesting a one week extension to the the Plaintiffs motion material. received on 09-MAR-2004

Letter from Defendant, Pharmascience, Inc. dated 05-MAR-2004 enclosed is a Supplemental Schedul A relating to the defendants motion to compel answers. received on 05-MAR-2004

Written directions received from the Court: Roza Aronovitch, Prothonotary dated 23-JAN-2004 directing that Pharmascience's and Apotex' motions are set down for hearing consecutively on April 19 and 20, 2004, in Toronto, commencing at 9:30 am on April 19, 2004. The defendant's motion will be heard first. For that purpose, Apotex is to serve and file responding motion record, and its own motion record, with chart, in Ottawa, by no later than March 5, 2004. The Defendant's responding motion record is to be served and filed, in Ottawa, by no later than March 19, 2004. placed on file on 23-JAN-2004 Confirmed in writing to the party(ies)

Memorandum to file from Lisabeth LeBlanc dated 19-JAN-2004 Spoke with both counsel and they advised that they were available on April 19, 20, 2004 to hear both parties motions. placed on file.

Letter from Defendant dated 24-DEC-2003 pursuant to the direction of Prothonotary Aronovitch, counsel for Pharmascience is available any two consecutive days in April 2004, except for April 1, 2004 and the week of April 19, 2004. received on 24-DEC-2003

Letter from Plaintiff dated 22-DEC-2003 further to the direction of Aronovitch, P, counsel for Apotex is available any two consectuive days in April in either Toronto or Ottawa. (Faxed to Lisabeth Leblanc in Ottawa) received on 22-DEC-2003

Written directions received from the Court: Roza Aronovitch, Prothonotary dated 19-DEC-2003 directing that My direction dated December 17, 2003 is rescinded. The dates of availability provided by counsel are not available to the Court. Parties ar to submit new dates for the month of April. placed on file on 19-DEC-2003 Confirmed in writing to the party(ies)

Written directions received from the Court: Roza Aronovitch, Prothonotary dated 17-DEC-2003 directing that Pharmascience's and Apotex' motions are set down for hearing consecutively on March 8, 2004. The defendant's motion will be heard first. For that purpose, Apotex is to serve and file its responding motion record, and its responing motion record, and its own motion record, with chart, in Ottawa, by no later than February 16, 2004. The defendant's responding motion record is to be served and filed, in Ottawa, by no later than February 24, 2004. placed on file on 18-DEC-2003 Confirmed in writing to the party(ies)

Letter from Defendant dated 15-DEC-2003 In accordance with the direction of Prothonotary Aronovitch, counsel for Pharmascience is available on February 19, 2004 for the hearing of Pharmascience's motion in Ottawa. Since both counsel are located in Toronto counsel for Pharmascience respectfully requests that both motions proceed on two consecutive days in March 2004. Counsel for Pharmascience is available on any 2 consecutive days in March, except March 15 to 19, 2004. received on 15-DEC-2003

Letter from Plaintiff dated 12-DEC-2003 Further to the direction of Prothonotary Aronovitch dated December 11, 2003 concerning discovery motions... we are not availabel on January 15, 2004, we are available on January 29 or February 19, 2004 for the hearing of the defendant's motion at general sittings in Ottawa. With respect to the hearing of the Plaintiff's motion, the prothonotary has indicated that a special sitting is appropriate and that 1.5 days will be required... counsel for the plaintiffs is available any 2 consecutive days in March other than March 8 to 12, 2004 and March 15, 2004. received on 12-DEC-2003

Written directions received from the Court: Roza Aronovitch, Prothonotary dated 11-DEC-2003 directing that I have reviewed document 54, Pharmascience's motion record to compel answers and am unable to find the chart that is required to be produced by the moving party in the context of such motions. A copy of it is attached and is required to be served and filed to supplement Pharmascience's motion record, 15 days prior to the date of hearing of the motion or as provided below. As to Apotex' motion, Apotex has, so far as I can see, only served and filed a notice of motion (doc. 49). Having reviewed it I concluded that it is not possible to deal with Apotex' motion in two hours. Given Ms. Perrin's lack of availability on the two dates I suggested in January 2004, for the hearing of Pharmascience's motion at General Sittings, and given the probable lenght of Apotex' motion which I estimate will take 1.5 days it is likely appropriate to find two days in February or March 2004, for a Special Sitting to dispose of both motions. In the circumstances the alternatives are as follows. Parties can provide their availability for the hearing of Pharmasciences's motion on February 19, 2004, at General Sittings in Ottawa, in which case Pharmascience is to serve and file its annotated chart by no later than February 5, 2004, with the responding motion record filed by Apotex, in Ottawa, by no later than February 12, 2004. In the alternative, the parties are to submit their dates of availability for two consecutive days for the disposal of both motions in March 2004. In the event Pharmascience's motion proceeds in February 2004, the parties need only provide their availability for 1.5 days in March 2004, for the hearing of Apotex' motion. In either case, parties are to provide their preferences and availability by no later than December 15, 2003. placed on file on 11-DEC-2003 Confirmed in writing to the party(ies)

Memorandum to file from Lisabeth LeBlanc dated 09-DEC-2003 Ms. Perrin advised the Court that she is only available on January 29,2004 to hear her motion that was adjourned from December 8, 2003. placed on file.

Letter from Defendant dated 09-DEC-2003 Pursuant to the Order of Madam Prothonotary Aronovitch dated June 23, 2003 ...motion which was made returnable December 8, 2003 in Toronto. We have been advised that Madam Prothonotary Aronovitch was not available to hear this motion .... we are available on January 15, 2003 to attend the hearing of the mtoin in Ottawa. The estimated duration is 1.5 hours. received on 09-DEC-2003

Letter from Plaintiff dated 27-NOV-2003 re: with attached missing pages for motion dated November 14, 2003 Forwarded to Prothonotary Aronovitch who is case manager in this matter received on 27-NOV-2003

Correction to General Sitting concerning Motion Doc. No. 49 Hearing removed from General Sitting at Toronto on 08-DEC-2003 Reason for correction: Returnable Date to be scheduled by Case Management Prothonotary

Correction to General Sitting concerning Motion Doc. No. 51 Hearing removed from General Sitting at Toronto on 08-DEC-2003 Reason for correction: As instructed by the case management team, Ottawa. The date of the hearing will be set by Prothonotary Aronovitch.

Solicitor's certificate of service on behalf of defendant confirming service of doc.54 upon Plaintiff by personal service on 14-NOV-2003 filed on 14-NOV-2003

Motion Record containing the following original document(s): 51 52 53 Number of copies received: 3 on behalf of Defendant filed on 14-NOV-2003

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 51 filed on 14-NOV-2003

Affidavit of Jennifer dela Cruz sworn on 14-NOV-2003 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 51 with Exhibits 1-16 inclusive filed on 14-NOV-2003

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at General Sitting in Toronto on 08-DEC-2003 to begin at 09:30 duration: 1h 30min language: E for Requiring the Plaintiffs to serve a Supplementary Affidavit of Documents listing all relevant documents;Requiring Bernard Charles Sherman to re- attend to answer futher questions arising from examination conducted June 16,2003;costs. Warren Sprigings 416-777-2270 filed on 14-NOV-2003

Letter from Plaintiff dated 14-NOV-2003 motion record and solicitors certificate of service received on 14-NOV-2003

Affidavit of service of Victoria Antunes sworn on 14-NOV-2003 on behalf of Plaintiffs confirming service of 49 upon Defendant by telecopier on 14-NOV-2003 filed on 14-NOV-2003

Notice of Motion on behalf of Plaintiffs returnable at General Sitting in Toronto on 08-DEC-2003 to begin at 09:30 duration: 2h language: E for an Order requiring the Defendant to provide answers to the questions refused or taken under advisement at the examination for discovery of the Defendant's representatives set out in the Schedules attached to the Notice of Motion requiring Jeanette Echenberg to re-attend at the expense of the Defendant for a further examination for discovery (H.B. Radomski 416-979-2211) filed on 14-NOV-2003

Affidavit of service of Victoria Antunes sworn on 26-SEP-2003 on behalf of Plaintiff confirming service of doc 47 upon Defendant by telecopier on 26-SEP-2003 filed on 26-SEP-2003

Further Amended Reply and Defence to Counterclaim filed on 26-SEP-2003

Affidavit of service of Sarita Strader sworn on 28-AUG-2003 on behalf of Defendant confirming service of Doc 45 upon all parties by telecopier on 28-AUG-2003 filed on 28-AUG-2003

Defence and Counterclaim on behalf of The Defendant Twice Amended filed on 28-AUG-2003

Affidavit of service of Chris Vlahos sworn on 29-JUL-2003 on behalf of Plaintiff confirming service of doc.42 upon Defendant by personal service on 29-JUL-2003 filed on 29-JUL-2003

Consent on behalf of Plaintiff Defendant to Further Amended Statement of Claim filed on 29-JUL-2003

Further Amended Statement of Claim filed on 29-JUL-2003

Order dated 23-JUN-2003 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Order dated 03-JUN-2003 Result: The schedule for completing further steps in this proceeding is as follows: 1) Any undertakings arising out of the first round of examinations for discovery shall be answered by September 15, 2003. 2) Notices of Motion for any motion or motions relating to questions, undertakings and refusals shall be served and filed no later than 60 days after the receipt of the answers to any undertakings. 3) Within 60 days after the disposition of any motions, the parties shall re-attend for the second round of examinations for discovery to deal with issues arising out of the undertakings and questions ordered to be answered. 4) Any undertakings arising out of the second round of examinations for discovery shall be answered within 30 days of the completion of the dis- coveries or such other deadline as may be ordered by the Court. 5) Notices of Motion for any motion or motions relating to questions, under- takings and refusals shall be served and filed no later than 30 days after the receipt of the answers to any undertakings. 6) 30 days from the disposition of any motions relating to questions, counse shall jointly file a document outling the steps remaining to be taken in thi proceeding together with a proposed timetable for the completion of all further steps, up to and including the service and filing of a Requisition." Filed on 23-JUN-2003 copies sent to parties Toronto Federal Court Transmittal Letters placed on file. entered in J. & O. Book, volume 818 page(s) 429 - 430 Interlocutory Decision

Letter from H.B. Radomski (P's counsel) to the Federal Court dated 13-JUN-2003 Pursuant to the Order of Aronovitch P. Dated 3-JUN-2003 (para. 4), parties submit a joint schedule for the completion of the remaining steps in the proceeding. received on 13-JUN-2003

Order dated 03-JUN-2003 rendered by Roza Aronovitch, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 34 Result: 1) The deadline for the completion of the first round of examinations for discovery is extended to June 30, 2003. 2) Travel expenses of counsel for Pharmascience in respect of the examina- tion for discovery scheduled to be held on April 1, 2003 in Montreal are payable by the Plaintiffs in any event of the cause. 3) Other than as outlined in paragraph 2 above, there shall be no costs of this motion. 4) Notwithstanding the above extension of time, the parties are to comply with paragraph 6 of the Order of the Court dated January 13, 2003. Filed on 03-JUN-2003 certified copies sent to parties Toronto Federal Court Transmittal Letters placed on file. entered in J. & O. Book, volume 816 page(s) 300 - 301 Interlocutory Decision

Affidavit of service of Nicole Roth sworn on 15-MAY-2003 on behalf of Plaintiff confirming service of doc.38 upon Defendant by courier on 15-MAY-2003 filed on 15-MAY-2003

Motion Record containing the following original document(s): 34 35 36 37 Number of copies received: 3 on behalf of Plaintiff filed on 15-MAY-2003

Consent on behalf of Plaintiff Defendant to motion doc.34 filed on 15-MAY-2003

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 34 filed on 15-MAY-2003

Affidavit of Nicole Roth sworn on 14-MAY-2003 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 34 filed on 15-MAY-2003

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be placed before the Court in Ottawa for an Order extending the deadline for the completion of the first round of examinations for discovery to 30-Jun-2003 filed on 15-MAY-2003

Order dated 18-FEB-2003 rendered by The Honourable Mr. Justice Lutfy A.C.J. Matter considered without personal appearance The Court's decision is with regard to Order dated 13-JAN-2003 Result: Justice Hugessen is designated as Case Managment Judge and Madam Aronovitch Prothonotary will assist Filed on 20-FEB-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 802 page(s) 486 - 486 Interlocutory Decision

Consent on behalf of all parties to certify that no party is acting under a disability & consent to an Order in the form attached to the Notice of Motion as Sch. "A" (doc. #25). filed on 30-JAN-2003

Protective Order dated 03-FEB-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 21 Result: granted Filed on 03-FEB-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 800 page(s) 236 - 245 Interlocutory Decision

Solicitor's certificate of service on behalf of Paula Bremner confirming service of Doc. 24 and the Defendant's Book of Authorities upon the Solicitor for the Plaintiff and Mr. Ivor M. Hughes by personal service on 29-JAN-2003 filed on 29-JAN-2003

Book of Authorities consisting of 1 volume(s) on behalf of the Defendant, Pharmascience received on 29-JAN-2003 3 copy(ies) for the Court retained by the local office

Affidavit of service of GEORGE DIMANOPOULOS sworn on 30-JAN-2003 on behalf of Plaintiff confirming service of doc.28 upon Defendant by personal service on 30-JAN-2003 filed on 30-JAN-2003

Motion Record containing the following original document(s): 25 26 27 Number of copies received: 3 on behalf of Plaintiff filed on 30-JAN-2003

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 25 filed on 30-JAN-2003

Affidavit of RICHARD NAIBERG sworn on 30-JAN-2003 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 25 with Exhibits A filed on 30-JAN-2003

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be placed before the Court in Ottawa for an order directing that issues pertaining to remedy be determined separately from issues pertaining to liability,such further and other relief. filed on 30-JAN-2003

Motion Record containing the following original document(s): 21 22 23 Number of copies received: 3 on behalf of the Moving Party/Defendant filed on 29-JAN-2003

Written Representations contained within a Motion Record on behalf of the Moving Party/Defendant concerning Motion Doc. No. 21 filed on 29-JAN-2003

Affidavit of Louis-Charles Chartrand sworn on 29-JAN-2003 contained within a Motion Record on behalf of the moving party/Defendant in support of Motion Doc. No. 21 filed on 29-JAN-2003

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at General Sitting in Toronto on 03-FEB-2003 to begin at 09:30 duration: 30min language: E for an order protecting and maintaining the confidentiality of certain information to be produced by the Plaintiffs and the Defendant during the course of this proceeding and filed by the parties with the court. Mr. Warren Sprigings (416)777-7720 filed on 29-JAN-2003

Order dated 13-JAN-2003 rendered by Roger Lafrenière, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Status Review Result: The action shall continue as a specially managed proceeding. Any motion to sever the issues of liability from damages,or to protect the confidentiality of the parties' information, shal be served and filed and made returnable by 3-FEB-03. The parties shall exchange their affidavits of documents no later tha 5 days from the date of disposition of any motion(s) brought in accordance of para. 2 of this Order, or 3-FEB-03, whichever date is the earliest. The parties shall complete the first round of examinations for discovery no later than 4-APR-03. Any motion arising from the first round of discoveries shall be served and filed and made returnable within two months of the date of the last discovery. The parties shall submit, either jointly or separately and no later than 13-JUN-03,a proposed schedule for completion of the remaining steps in the proceeding. Filed on 13-JAN-2003 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 797 page(s) 92 - 94 Interlocutory Decision

Submissions (Rule 380) on behalf of Defendant filed on 08-JAN-2003

Affidavit of service of Celina Sweeney sworn on 18-DEC-2002 on behalf of Plaintiff confirming service of Doc 17 upon Defendant by telecopier on 17-DEC-2002 filed on 18-DEC-2002

Submissions (Rule 380) on behalf of Plaintiff filed on 17-DEC-2002

Notice of Status Review by The Honourable Mr. Justice Lutfy A.C.J. to the parties and their solicitors requiring the Plaintiffs to show cause by written submissions to be served and filed no later than 13-JAN-2003 why this action should not be dismissed for delay Filed on 09-DEC-2002 cc's sent to the parties and Toronto local office

Consent on behalf of the parties to a fifteen day extension to file the Plaintiff's Reply and Defence to Counterclaim. filed on 16-APR-2002

Affidavit of service of Victoria Antunes sworn on 12-APR-2002 on behalf of Plaintiff confirming service of doc. #13 upon Respondent by telecopier on 12-APR-2002 filed on 12-APR-2002

Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 12-APR-2002

Affidavit of service of JAY CHAN sworn on 12-MAR-2002 on behalf of Defendant confirming service of doc.11 upon Plaintiff by telecopier on 12-MAR-2002 filed on 12-MAR-2002

Amended Defence and Counterclaim filed on 12-MAR-2002

Affidavit of service of Victoria Antunes sworn on 13-FEB-2002 on behalf of Plaintiff confirming service of 8 upon Defendant by telecopier on 13-FEB-2002 filed on 15-FEB-2002

Consent on behalf of all parties to Doc. 8 filed on 12-FEB-2002

Amended FRESH AS AMENDED Statement of Claim filed on 12-FEB-2002

Affidavit of service of Victoria Antunes sworn on 23-NOV-2001 on behalf of Plaintiff confirming service of doc.6 upon Defendant by telecopier on 23-NOV-2001 filed on 23-NOV-2001

Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 23-NOV-2001

Consent on behalf of Plaintiff Defendant to an extension of time pursuant to Rule 7, for the filing of the Reply and Defence to Counterclaim of the Plaintiff filed on 23-NOV-2001

Solicitor's certificate of service on behalf of Paula Bremner confirming service of 3 upon Plaintiff by telecopier on 09-OCT-2001 filed on 09-OCT-2001

Defence and Counterclaim filed on 09-OCT-2001

Consent on behalf of Plaintiff to Rule 7 extension of time filed on 09-OCT-2001

Covering letter from Defendant dated 09-OCT-2001 concerning attached consent (Rule 7), Defence and counterclaim placed on file on 09-OCT-2001

Statement of Claim filed on 13-AUG-2001 Tariff other action - $150.00