BOEHRINGER INGELHEIM (CANADA) LTD. ET AL. v. SUN PHARMA CANADA INC.
Summary of T-1842-22
The following information was obtained from the Federal Court or Federal Court of Appeal websites but is NOT the official version. See links below for the court websites.
Federal Court Type: Patented Medicines (NOC) Regulations [Actions]
Parties and Lawyers:| Party | Firm | Lawyer |
|---|---|---|
| BOEHRINGER INGELHEIM INTERNATIONAL GMBH | ||
| BOEHRINGER INGELHEIM LTD (CANADA) | GOWLING WLG (CANADA) LLP | GOWLING WLG (CANADA) LLP |
| SUN PHARMA CANADA INC |
| Name | Number |
|---|---|
| 2696558 | |
| JARDIANCE | |
| 2557801 | |
| 2752435 | |
| 2751833 | |
| 2606650 | |
| 2813661 |
Patented Medicine: Empagliflozin (Medicinal ingredients are based on automated analysis and should not be relied upon.)
Decisions
| Name | Date | Paragraph |
| Boehringer Ingelheim (Canada) Ltd. et al. v. Sandoz Canada Inc. 2023 FC 241 | Feb 17, 2023 | In the present motion, Boehringer seeks summary judgment dismissing the Defendants’ counterclaims respecting any patent claim that is not asserted in the s 6(1) actions, and limiting the scope of the Defendants’ counterclaims to the asserted claims. Boehringer maintains that a defendant may counterclaim against a non-asserted claim in an action commenced pursuant to s 6(1) of the PM(NOC) Regulations only with leave of the Court (citing s 6(3)(a) of the PM(NOC) Regulations). For the reasons that follow, the question of law raised by the Plaintiffs is apt for determination on a motion for summary judgment pursuant to Rule 215(2)(b) of the Federal Courts Rules, SOR/98-106 [Rules]. The question must be decided in the Defendants’ favour. Sandoz and Sun may counterclaim as of right against the non-asserted patent claims in the actions commenced under s 6(1) of the PM(NOC) Regulations. However, this does not mean that the counterclaims in respect of the non-asserted claims will necessarily be permitted to proceed to trial. Boehringer remains at liberty to bring a motion pursuant to Rule 221(1) to strike the counterclaims against the non-asserted patent claims on any of the enumerated grounds, including that the counterclaims may prejudice or delay the fair trial of the action or are otherwise an abuse of process. (Thanks to Kavita Ramamoorthy for a copy of the decision) |
| Boehringer Ingelheim (Canada) Ltd. v. Sandoz Canada Inc. 2023 FC 1149 | Aug 25, 2023 | This decision addresses motions brought in two actions under subsection 6(1) of the PM(NOC) Regulations. In each action, the Plaintiffs, allege that the Defendants would infringe or induce the infringement of the asserted claims of six patents by the making, constructing, using, and/or selling of their orally administered empagliflozin tablets. In each of these actions, the Defendant moves for an Order requiring the Plaintiffs to serve fact evidence pertaining to the invention story of their patents, including any inventor evidence, prior to the date by which the Defendant’s in-chief expert reports on invalidity are to be served. As explained in greater detail below, these motions are dismissed, because the Defendants have not made a compelling case for the Court to vary the usual order for the introduction of evidence. |
| Boehringer Ingelheim (Canada) Ltd. v. Sandoz Canada Inc. 2023 FC 1175 | Aug 30, 2023 | The Defendants have brought a motion pursuant to Rule 97 of the Federal Courts Rules, SOR/98-106 (the “Rules”) to compel answers to questions refused by the Plaintiffs’ corporate representative during his examination for discovery held on June 14, 15, 20, 21 and 22, 2023. The parties worked cooperatively prior to the hearing of the motion to substantially reduce the number of questions to be considered by the Court during the hearing of the motion. Except as set out below in the operative part of this Order with respect to objections for which the adjudication that has been deferred, the corporate representative refusals were disposed of for the oral reasons given during the hearing of the Defendants’ motion. |
Docket Summary (Google Translate to English)
() 2024-06-11 - OttawaCopy of Discontinuance dated 07-MAY-2024 placed on file on 11-JUN-2024 Original filed on Court File No. A-66-23
Communication to the Court from the Registry dated 06-MAY-2024 re: I emailed Doc 173 (Discontinuance) to the Court (AJ Duchesne)
Discontinuance on behalf of Plaintiffs with consent on behalf of Defendant with proof of service upon all parties on 30-APR-2024 filed on 30-APR-2024
Confidential letter dated April 19 on behalf of all parties. Sent to the attention of J. Southscott and AJ Duchesne. placed on file on 19-APR-2024
Trial Record on behalf of Plaintiff filed on 17-APR-2024
Solicitor's certificate of service on behalf of Jahdiel Larraguibel confirming service of Doc 150 upon plaintiffs by email on 26-MAR-2024 filed on 12-APR-2024
Amended Reply to Defence to Counterclaim filed on 12-APR-2024
Consent on behalf of Plaintiffs to the defendants Amended Reply to Defence to Counterclaim filed on 12-APR-2024
Letter from Plaintiffs dated 28-MAR-2024 on consent of all parties - submitting equipment request for upcoming trial in this matter. received on 28-MAR-2024
Solicitor's certificate of service on behalf of Alexander Camenzind with consent to extend the time for filing confirming service of Doc No. 147: Amended Reply and Defence to Counterclaim on behalf of Plaintiffs upon Defendant by email on 15-MAR-2024 filed on 19-MAR-2024
Amended Reply and Defence to Counterclaim with consent of Defendant filed on 19-MAR-2024
Consent on behalf of Defendant to Plaintiff's filing of Amended Reply and Defence to Counterclaim (see e-doc) filed on 19-MAR-2024
Communication to the Court from the Registry dated 19-MAR-2024 re: ID 359 & 360 sent to the attention og Trial Judge
Proposed scheudle of steps leading to trial received on 18-MAR-2024
Letter from Plaintiff (on consent) dated 18-MAR-2024 informing that an agreed-upon scheudle outlining the proposed pre-trial steps received on 18-MAR-2024
Solicitor's certificate of service on behalf of Jahdiel Larraguibel confirming service of Doc 144 upon Plaintiff by electronic mail on 06-MAR-2024 filed on 08-MAR-2024
Second Amended Statement of Defence and CounterClaim on behalf of the Defendants filed on 08-MAR-2024
Consent on behalf of Plaintiff to Defendant's Second Amended Statement of Defence and Counterclaim filed on 08-MAR-2024
Communication to the Court from the Registry dated 01-MAR-2024 re: I emailed the Letter ID 354 to AJ Duchesne.
Letter from Plaintiff (On consent) dated 01-MAR-2024 Regarding CMC scheduled on March 4, 2024. received on 01-MAR-2024
Solicitor's certificate of service on behalf of Alexander Camenzind confirming service of Doc. 141 upon Defendant by Email on 27-FEB-2024 received on 28-FEB-2024
Consent on behalf of Defendant to Plaintiff's Second Amended Statement of Claim (see e-doc) filed on 28-FEB-2024
Amended Second Statement of Claim with consent of Defendant filed on 28-FEB-2024
Minutes of TMC 15-FEB-2024 (from counsel) received on 23-FEB-2024
Letter from Plaintiff dated 23-FEB-2024 further to the Court's Request, enclosed counsel's minutes of TMC 15-FEB-2024 received on 23-FEB-2024
Acknowledgment of Receipt received from all parties with respect to ID 347 placed on file on 19-FEB-2024
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 19-FEB-2024 directing that "At the request of the parties, the virtual case management conference to proceed on February 20, 2024 at 9:30 am is hereby postponed to a date and during the week of March 4, 2024, to be confirmed by the parties by March 1, 2024." placed on file on 19-FEB-2024
Acknowledgment of Receipt received from parties with respect to ID 345 (Oral Direction) placed on file on 15-FEB-2024
Oral directions received from the Court: The Honourable Mr. Justice Southcott dated 15-FEB-2024 directing that "A trial management conference (TMC)in these matters is confirmed for April 29, 2024, to be held by Zoom vc, starting at 9:30am Eastern time, for a duration not exceeding one hour. The parties are directed to file a jointly proposed agenda for the TMC by April 25, 2024..." placed on file on 15-FEB-2024 Confirmed in writing to the party(ies)
Halifax 15-FEB-2024 BEFORE The Honourable Mr. Justice Southcott Language: E Before the Court: Trial Management Conference Result of Hearing: A further TMC is to be held on 29-APR-2024. held by way of video conference Duration per day: 15-FEB-2024 from 09:30 to 10:36 Courtroom : Halifax (Zoom) Court Registrar: Vanessa George Total Duration: 1h, 6min Appearances: John Norman 613-783-8848 representing Plaintiff Alex Goor 613-786-0172 representing Plaintiff Rebecca Johnston 613-786-0108 representing Plaintiff Kavita Ramamoorthy 647-795-8635 representing Defendant Neil Fineberg 647-795-8635 representing Defendant Judith Robinson 647-795-8635 representing Defendant Ben Wallwork 647-795-8635 representing Defendant Kerry Andrusiak 647-795-8635 representing Defendant Jahdiel Larraguibel 647-795-8635 representing Defendant Comments: Further TMC to be held on 29-APR-2024 Minutes of Hearing entered in Vol. 1109 page(s) 395 - 396 Abstract of Hearing placed on file
Communication to the Court from the Registry dated 13-FEB-2024 re: I emailed the letter and the enclosure dated Feb. 13 to Justice Southcott.
proposed schedule steps leading to trial. received on 13-FEB-2024
Letter from all parties dated 13-FEB-2024 jointly proposed agenda for TMC received on 13-FEB-2024
Solicitor's certificate of service on behalf of Jahdiel Larraguibel confirming service of Doc 139 upon Plaintiff by electronic mail on 26-JAN-2024 filed on 26-JAN-2024
Amended Defence and Counterclaim filed on 26-JAN-2024
Acknowledgment of Receipt received from all parties with respect to Order of the Court dated January 23, 2024. placed on file on 23-JAN-2024
Order dated 23-JAN-2024 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 128 Result: granted Filed on 23-JAN-2024 copies sent to parties entered in J. & O. Book, volume 1632 page(s) 349 - 351 Interlocutory Decision
Acknowledgment of Receipt received from both parties with respect to the Direction dated January 19, 2024 placed on file on 19-JAN-2024
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 19-JAN-2024 directing that "Further to the Court¿s date and time Order fixing the trial dates in this matter, the Court directs that the trial of these actions shall take place at the Federal Court, located at 180 Queen St W, Toronto, ON M5V 1Z4. The parties are directed to attend a virtual trial management conference with the Honourable Justice Southcott on February 15, 2024, commencing at 9:30 am ET. The parties are also directed to file a jointly proposed agenda for the virtual trial management conference by February 13 , 2024, which should include the parties¿ respective positions on any procedural issues in dispute that are to be discussed at the trial management conference. placed on file on 19-JAN-2024
Letter from Defendants dated 18-JAN-2024 They are writing in response to the Court¿s January 16, 2024 Direction Letter has been sent to Aj Duchesne received on 18-JAN-2024
Acknowledgment of Receipt received from both parties with respect to the Direction dated January 16, 2024 placed on file on 16-JAN-2024
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 16-JAN-2024 directing that The parties are directed to confer and to inform the Court of the following by January 22, 2024: a) Any agreement between the parties with respect to the location where the Trial will be heard (Toronto or Ottawa); and, b) Any dates in February or early March 2024 that on which the parties are available to attend a Trial Management Conference with Justice Southcott commencing at 9:30 am. placed on file on 16-JAN-2024
Ottawa 16-JAN-2024 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Motion Doc. No. 128 on behalf of Defendant Result of Hearing: Order to follow held by Zoom Duration per day: 16-JAN-2024 from 09:30 to 12:40 Courtroom : Ottawa (Zoom) Court Registrar: Chantal Baumberger Total Duration: 3h10min Appearances: Rebecca Johnston, Alex Camenzind N/A representing Plaintiff Mr. Wallwork, Mr. Larraguibel N/A representing Plaintiff Comments: Recorded Minutes of Hearing entered in Vol. 1107 page(s) 437 - 438 Abstract of Hearing placed on file
Communication to the Court from the Registry dated 10-JAN-2024 re: I emailed all documents dated 10-JAN-2024 to the Court (AJ Duchesne).
Solicitor's certificate of service on behalf of REBECCA JOHNSTON confirming service of Plaintiffs' Responding Motion Record and Book of Authorities upon Defendant by email on 10-JAN-2024 filed on 10-JAN-2024
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 10-JAN-2024
CONFIDENTIAL Responding Motion Record (vol 2) on behalf of Plaintiff in response to motion doc. 128 filed on 10-JAN-2024
CONFIDENTIAL Responding Motion Record (vol 1) on behalf of Plaintiff in response to motion doc. 128 filed on 10-JAN-2024
Acknowledgment of Receipt received from all parties with respect to Amended Order of the Court dated December 7, 2023 placed on file on 09-DEC-2023
Order dated 07-DEC-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from all parties dated 06-DEC-2023 Result: granted Filed on 07-DEC-2023 copies sent to parties entered in J. & O. Book, volume 1625 page(s) 277 - 278 Interlocutory Decision
Acknowledgment of Receipt received from all parties with respect to Amended Order of the Court dated December 7, 2023 placed on file on 07-DEC-2023
Amended Order rendered on 07-DEC-2023 by Benoit Duchesne, Prothonotary filed on 07-DEC-2023 Matter considered without personal appearance amending Confidential Order of November 28, 2023 entered in J. & O. Book, volume 1625 page(s) 221 - 222 Interlocutory Decision copies sent to parties
Letter from Plaintiffs (on consent) dated 06-DEC-2023 informing parties have agreed on costs pursuant to Order of Nov. 28, 2023. received on 06-DEC-2023
Confidential Pleadings Brief on behalf of Defendant's received on 01-DEC-2023
Confidential Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 01-DEC-2023
Solicitor's certificate of service on behalf of Jahdiel Larraguibel Confidential confirming service of Defendant's Motion Record upon Plaintiff by email on 01-DEC-2023 filed on 01-DEC-2023
Motion Record Number of copies received: 1 on behalf of Defendant Confidential filed on 01-DEC-2023
Written Representation Confidential contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 128 filed on 01-DEC-2023
Affidavit of Jahdiel Larraguibel Confidential sworn on 01-DEC-2023 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 128 with Exhibits A-M filed on 01-DEC-2023
Confidential Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Ottawa (ONLINE) on 16-JAN-2024 to begin at 09:30 for Confidential filed on 01-DEC-2023
Acknowledgment of Receipt received from all parties with respect to Order of November 30, 2023 placed on file on 01-DEC-2023
Order dated 30-NOV-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 59 Result: granted dismissed in part Filed on 30-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1624 page(s) 218 - 220 Interlocutory Decision
Acknowledgment of Receipt received from all parties with respect to Two Orders of the Court dated November 29, 2023 placed on file on 30-NOV-2023
Order dated 29-NOV-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from all parties dated 27-NOV-2023 Result: Please find the attachment for more details. Filed on 29-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1624 page(s) 93 - 95 Interlocutory Decision
Order dated 29-NOV-2023 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Oral motion Confidential motion to compel answers to questions objected to or to undertakings left answered. Result: dismissed Filed on 29-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1624 page(s) 89 - 91 Interlocutory Decision
Ottawa 29-NOV-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Oral motion Confidential Motions to compel answers to questions objected to questions Result of Hearing: Order to follow held by Zoom Duration per day: 29-NOV-2023 from 09:30 to 10:26 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 24min Appearances: Mr. Camenzind - representing Plaintiff Mr. Wallmark - representing Defendant Minutes of Hearing entered in Vol. 1105 page(s) 13 - 14 Abstract of Hearing placed on file
Acknowledgment of Receipt received from all parties with respect to Order of the Court November 28, 2023 placed on file on 28-NOV-2023
Confidential Order dated 28-NOV-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 72 Result: granted Filed on 28-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1623 page(s) 491 - 491 Final Decision
Letter from Defendant dated 27-NOV-2023 requesting again that a hearing date be set down for the Defendant's pleadings amendment motion. received on 27-NOV-2023
Sealed envelope pursuant to materials received and kept confidential and not filed pursuant to Order on behalf of all parties Received on 24-NOV-2023
Acknowledgment of Receipt received from Order of the Court dated November 20, 2023 with respect to Order of the Court dated November 20, 2023 placed on file on 20-NOV-2023
Order dated 20-NOV-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from all parties dated 17-NOV-2023 Result: Please see attachment. Filed on 20-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1622 page(s) 451 - 453 Interlocutory Decision
Letter from Defendant dated 17-NOV-2023 informing that the parties have agreed on the next steps received on 17-NOV-2023
Acknowledgment of Receipt received from all parties with respect to Order dated November 10, 2023 placed on file on 10-NOV-2023
Order dated 10-NOV-2023 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: Please see attachment for full details. Filed on 10-NOV-2023 copies sent to parties entered in J. & O. Book, volume 1621 page(s) 492 - 495 Interlocutory Decision
Solicitor's certificate of service on behalf of Alex Gloor confirming service of Doc No. 120: Amended Statement of Claim upon Defendant by email on 09-NOV-2023 filed on 09-NOV-2023
Amended Statement of Claim with consent of Defendant filed on 09-NOV-2023
Consent on behalf of Defendant to Plaintiffs amending their Statement of Claim as attached (see e-doc) filed on 09-NOV-2023
Communication to the Court from the Registry dated 09-NOV-2023 re: I emailed the Court in regards to the letter dated November 8, 2023.
Letter from Defendant dated 08-NOV-2023 Informing that the parties will need to bring up a motion containing mutual availabilities. received on 08-NOV-2023
Letter from Defendants (on consent) dated 23-OCT-2023 informing that the parties have conferred and can confirm that a decision is required. received on 23-OCT-2023
Ottawa 18-OCT-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Order to follow held by Zoom Duration per day: 18-OCT-2023 from 11:30 to 12:06 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 36min Appearances: Mr. Norman 613-783-8848 representing Plaintiff Mr. Ben Wallwork 647-795-8636 representing Defendant Minutes of Hearing entered in Vol. 1103 page(s) 88 - 89 Abstract of Hearing placed on file
Acknowledgment of Receipt received from all parties with respect to Order of August 30, 2023 with corrections made placed on file on 17-OCT-2023
Acknowledgment of Receipt received from all parties with respect to Direction of the Court dated October 16, 2023 placed on file on 17-OCT-2023
Letter from Defendant dated 17-OCT-2023 informing the items that should be adressed at tomorrow's CMC. received on 17-OCT-2023
Corrections made to the Order of the Court dated August 30, 2023 filed on 17-OCT-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 16-OCT-2023 directing that Please see attachment for full details. placed on file on 16-OCT-2023
Letter from Defendant dated 13-OCT-2023 requesting a CMC to address scheduling issues received on 13-OCT-2023
Letter from Defendant dated 13-SEP-2023 requesting that the Order dated August 30, 2023, to be corrected by the Court received on 13-SEP-2023
Acknowledgment of Receipt received from all parties with respect to Order of the Court dated September 5, 2023 placed on file on 06-SEP-2023
Order dated 05-SEP-2023 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 106 Result: granted in part Filed on 05-SEP-2023 copies sent to parties entered in J. & O. Book, volume 1611 page(s) 214 - 217 Final Decision
Draft Order concerning Motion Doc. No. 106 consented to by all parties received on 05-SEP-2023
Acknowledgment of Receipt received from all parties with respect to Order of the Court dated August 30, 2023 placed on file on 30-AUG-2023
Order dated 30-AUG-2023 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 110 Result: granted in part Filed on 30-AUG-2023 copies sent to parties entered in J. & O. Book, volume 1610 page(s) 496 - 498 Interlocutory Decision
Acknowledgment of Receipt received from both parties with respect to Doc 114 filed on 25-AUG-2023
Reasons for Order and Order dated 25-AUG-2023 rendered by The Honourable Mr. Justice Southcott Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 94 Result: "THIS COURT ORDERS that: 1. The Defendants¿ motions are dismissed. 2. The Defendants shall pay the Plaintiffs costs of these motions in the lump sum amount of $7500.00." Filed on 25-AUG-2023 copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1610 page(s) 61 - 62
Ottawa 18-AUG-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Motion Doc. No. 110 on behalf of Defendant Result of Hearing: Order to follow held by Zoom Duration per day: 18-AUG-2023 from 09:30 to 04:30 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga 21-AUG-2023 from 09:30 to 12:30 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 1.5d Appearances: Mr. Gloor and Mr. Camenzind 613-233-1781 representing Plaintiff Ms. Andrusiak 647-795-8636 representing Defendant Minutes of Hearing entered in Vol. 1100 page(s) 303 - 311 Abstract of Hearing placed on file
Letter from Defendant dated 17-AUG-2023 informing that the parties have been able to further narrow the scope of the motion subsequent to the filing of the Defendants' motion record. received on 17-AUG-2023
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Defendants' Motion Record, Patents Brief, Pleadings Brief and Transcripts Brief upon Plaintiff by email on 15-AUG-2023 filed on 15-AUG-2023
CONFIDENTIAL Transcripts Brief filed on 15-AUG-2023
Confidential Pleadings Brief received on 15-AUG-2023
Patents Briefs received on 15-AUG-2023
CONFIDENTIAL MOTION RECORD with the following docs. 110 on behalf of the Defendants filed on 15-AUG-2023
CONFIDENTIAL Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Ottawa on 18-AUG-2023 to begin at 09:30 for an Order requiring Boehringer Ingelheim to provide answers to questions improperly objected to and any proper question arising from examinations filed on 15-AUG-2023
Ottawa 11-AUG-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Motion Doc. No. 106 on behalf of Plaintiff Result of Hearing: Order to follow held by Zoom Duration per day: 11-AUG-2023 from 09:30 to 12:40 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 3h10min Appearances: Alex Gloor (613) 786-0172 representing Plaintiff Kavita Ramamoorthy (647) 795-8634 representing Defendant Minutes of Hearing entered in Vol. 1100 page(s) 101 - 105 Abstract of Hearing placed on file
CONFIDENTIAL TRANSCRIPTS BRIEF OF PLAINITFFS' MOTIONS TO COMPEL filed on 11-AUG-2023
Letter from Plaintiffs (on consent) dated 10-AUG-2023 which approach the motion might be taken at tomorrow's hearing received on 10-AUG-2023
Covering letter from Plaintiff dated 09-AUG-2023 concerning Doc. Nos. 106 107 108 placed on file on 09-AUG-2023
Solicitor's certificate of service on behalf of Alexander Camenzind confirming service of Plaintiffs' Motion Record (Motion to Compel), Pleadingd Brief and Patent Brief upon Defendant by email on 09-AUG-2023 filed on 09-AUG-2023
Pleadings Brief received on 09-AUG-2023
Patent Brief received on 09-AUG-2023
Written CONFIDENTIAL Written Submissions contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 106 filed on 09-AUG-2023
CONFIDENTIAL Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Ottawa on 11-AUG-2023 to begin at 09:30 for an Order requiring Sun Pharma to provide answers to the questions set out in Schedule "A" to the Plaintiffs' written submissions. filed on 09-AUG-2023
Ottawa 27-JUL-2023 BEFORE The Honourable Mr. Justice Southcott Language: E Before the Court: Motion Doc. No. 94 on behalf of Defendant Result of Hearing: Matter reserved held by way of video conference Duration per day: 27-JUL-2023 from 09:30 to 12:54 Courtroom : Ottawa (Zoom) Court Registrar: Donya Miri Total Duration: 3HR24MIN Appearances: KAVITA RAMAMOORTHY 647-795-8635 representing Defendant JUDITH ROBINSON 647-795-8635 representing Defendant Comments: ZOOM AND MP3 RECORDED. Minutes of Hearing entered in Vol. 1099 page(s) 422 - 424 Abstract of Hearing placed on file
CONFIDENTIAL DAY BOOK OF PLAINTIFFS/RESPONDING PARTY TO MOTION DOC. 116 placed on file on 27-JUL-2023
SUPPLEMENTAL AUTHORITY consisting of 1 volume(s) on behalf of Defendant received on 26-JUL-2023
Acknowledgment of Receipt received from all parties with respect to Order of the Court dated July 24, 2023 placed on file on 24-JUL-2023
Order dated 24-JUL-2023 rendered by Benoit Duchesne, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: "UPON hearing from the solicitors for the parties at a virtual case management conference held on July 19, 2023, with respect to the briefing and hearing of the parties' competing motions to compel to be heard on August 11 and 18, 2023, respectively; AND UPON READING the proposed consent timetable for the same filed by the parties by way of letter dated July 20, 2023...." Please see attachement for full details. Filed on 24-JUL-2023 copies sent to parties entered in J. & O. Book, volume 1605 page(s) 183 - 186 Interlocutory Decision
Solicitor's certificate of service on behalf of Alex Gloor confirming service of Plaintiffs' motion record and book of authorties upon Defendant by email on 21-JUL-2023 filed on 21-JUL-2023
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 21-JUL-2023
Motion Record in response to Motion Doc. No. 94 containing the following original document(s): 100 101 102 Number of copies received: 1 on behalf of Plaintiff Plaintiff - confidential documents filed on 21-JUL-2023
Confidential Exhibit "Z" filed on 21-JUL-2023
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Defendants' Motion timing of Plaintiffs' evidence filed on 21-JUL-2023
Affidavit of Nancy Gallinger sworn on 21-JUL-2023 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 94 with Exhibits A-Y and AA-CC filed on 21-JUL-2023
Letter from Plaintiff (on consent) dated 20-JUL-2023 informing dates for motions to compel received on 20-JUL-2023
Ottawa 19-JUL-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Decision to follow held by Zoom Duration per day: 19-JUL-2023 from 02:30 to 03:04 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 34min Appearances: Mr. Gloor 613-786+0172 representing Plaintiff Ms. Ramamoorthy 647-795-8635 representing Defendant Minutes of Hearing entered in Vol. 1099 page(s) 287 - 288 Abstract of Hearing placed on file
Acknowledgment of Receipt received from all parties with respect to Direction of July 13, 2023 placed on file on 17-JUL-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 13-JUL-2023 directing that "The parties are directed to attend a virtual case management conference on July 19 at 2:30 pm, to discuss the dates for the hearing of the parties' respective motions to compel answers." placed on file on 13-JUL-2023
Acknowledgment of Receipt received from all parties with respect to Direction of July 13, 2023 placed on file on 13-JUL-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 13-JUL-2023 directing that "Following the review of separate requests from the parties with respect to the hearing of competing motions to compel, the parties are to inform the Court forthwith of their availability to attend a virutal case management conference on July 19 at 2:30 pm, to discuss the dates for the hearing of the parties' respective motions to compel answers." placed on file on 13-JUL-2023
Letter from Plaintiff dated 13-JUL-2023 writing further to the Defendants' letter of July 12 regarding the upcoming motion to compel scheduled for August 11, 2023. received on 13-JUL-2023
Letter from Defendant dated 12-JUL-2023 informing they ara available for August 11, 2023, virtually and requesting additional days received on 12-JUL-2023
Acknowledgment of Receipt received from all parties with respect to Order dated July 11, 2023 placed on file on 11-JUL-2023
Order dated 11-JUL-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 10-JUL-2023 Result: granted Filed on 11-JUL-2023 copies sent to parties entered in J. & O. Book, volume 1603 page(s) 332 - 336 Interlocutory Decision
Draft letter of request received on 10-JUL-2023
Draft Order concerning the issuance of a comission and letter of request to examine Rolf Grempler received on 10-JUL-2023
Letter from Defendant dated 10-JUL-2023 requesting the Court to issue an Order for the issuance of a letter of request received on 10-JUL-2023
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Confidential Defendant's motion record and book of authorities upon Plaintiff by email on 30-JUN-2023 filed on 30-JUN-2023
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 30-JUN-2023
Confidential Motion record containing the following origianl document(s): 94 95,96. Number of copies received: 1 on behalf of the Defendant filed on 30-JUN-2023
Written Confidential Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 94 filed on 30-JUN-2023
Affidavit of (Confidential) Jahdiel Larraguibel sworn on 30-JUN-2023 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 94 with Exhibits A-S filed on 30-JUN-2023
Confidential Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto (ONLINE) on 27-JUL-2023 to begin at 09:30 for an Order that the Plaintiffs serve their fact evidenve pertaining to the invention story of their own patents (including any inventor evidence) one month prior to the date for in-chief expert reports. filed on 30-JUN-2023
Certified French language Translation of Reasons for Order and Order rendered on 17-FEB-2023 by The Honourable Mr. Justice Fothergill filed on 04-JUL-2023 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Order entered in J. & O. Book, volume 1602 page(s) 199 - 200 and copy placed on file.
Acknowledgment of Receipt received from all parties with respect to Direction of the Court dated June 13, 2023 placed on file on 13-JUN-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 13-JUN-2023 directing that "The Court has received a letter from Counsel for the Defendants that brings two decisions, Pfizer Canada ULC v Uniqure Biopharma BV, 2023 FC 629, and Yelda Haber Ve Görsel Yayincilik AS v GLWiZ Inc, 2023 FC 778, to the Court's attention regarding the motions argued on April 6. No additional submissions with respect to these two decisions are required or requested from the parties at this time." placed on file on 13-JUN-2023
Communication to the Court from the Registry dated 13-JUN-2023 re: Email sent to the Court in regards to letter dated June 13, 2023.
Letter from Defendant dated 13-JUN-2023 informing the Court about two decisions and if the Court finds that is needed a CMC, they are okay with it. received on 13-JUN-2023
Copy of Letter of Request re: Frank Himmelsbach. Original issued on T-1831-22 to the Defendant; certified copy to the Plaintiff. placed on file on 08-JUN-2023
Copy of Letter of request re: Albert Barta. Original issued on T-1831-22 to the Defendant; certified copy to the Plaintiff placed on file on 08-JUN-2023
Copy of letter of request re: Leo John Seman. Original issued on T-1831-22 to the Defendants; certified copy to the Plaintiff. placed on file on 08-JUN-2023
Copy of Letter of Request re: Zeren Wang. Original isued on T-1831-22 to the Defendants; certified copy to the Plaintiff placed on file on 08-JUN-2023
Copy of Letter of Request re: Danping Li. Original issued on T-1831-22 to the Defendant; certified copy to Plaintiff placed on file on 08-JUN-2023
Copy of Letter of Request re: Klaus Dugi. Original issued on T-1831-22 to the Defendant; certified copy to the Plaintiff placed on file on 08-JUN-2023
Copy of Letter of Request re: Leon Schultz. Original issued on T-1831-22 to the Defendants; certified copy to the Plaintiff placed on file on 08-JUN-2023
Copy of Letter of Request re: Odd-Erik Johansen. Original issued on T-1831-22 to the Defendants; certified copy to the Plaintiff. placed on file on 08-JUN-2023
Copy of Letter of Request re: Edward Leon Barsoumian. Original issued on T-1831-22 to the Defendant; certified copy to the Plaintiff placed on file on 08-JUN-2023
Copy of Letter of Request re: Thomas Klein. Original Issued on T-1831-22 to the Defendant; Certified copy to the Plaintiff placed on file on 08-JUN-2023
Copy of Letter of Request re: Rolf Grempler. Original issued on T-1831-22 to the Defendant; Certified Copy to the Plaintiff placed on file on 08-JUN-2023
Copy of Letter of Request re: Uli Broedl. Orignal issued on T-1831-22 to the Defendant; Certified copy to the Plaintiff. placed on file on 08-JUN-2023
Copy of Letter of Request Issued on T-1831-22 re: Sandra Sick (née Schmid) Original issued to Defendant; certified copy to Plaintiff placed on file on 08-JUN-2023
Copy of Letter of request re: Martin Schuehle Original Issued on T-1831-22 to the Defendant; Certified copy to Plaintiff. placed on file on 08-JUN-2023
Acknowledgment of Receipt received from all parties with respect to Direction of the Court dated May 23, 2023 ID 206 placed on file on 26-MAY-2023
Acknowledgment of Receipt received from all parties with respect to Amended Oral Direction of the Court dated May 23, 2023 placed on file on 25-MAY-2023
Amended Oral direction received from the Court: Benoit Duchesne, AJ dated 23-MAY-2023 direction that: "The record omits the issue of a second order by AJ Horne on March 6, 2023. It should reflected to show that the parties received AJ Horne's order dismissing the Defedants' motion for particulars today." placed on file on 23-MAY-2023
Acknowledgment of Receipt received from all parties with respect to Direction ID 205 placed on file on 23-MAY-2023
Ottawa 23-MAY-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Direction to follow held by Zoom Duration per day: 23-MAY-2023 from 01:30 to 01:42 Courtroom : Judge's Chambers - Ottawa Court Registrar: Mariana Rilko Alvarenga Total Duration: 12min Appearances: Alex Gloor 6137860172 representing Plaintiff Kavita Rammamoorthy 6477958635 representing Defendant Minutes of Hearing entered in Vol. 1096 page(s) 231 - 232 Abstract of Hearing placed on file
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 23-MAY-2023 directing that "Further to the Defendants' request as set out in their letter of May 19, 2023, the Court requests the Registry to forward a copy of the Order made by Associate Judge Horne on March 6, 2023. The Court notes that the Order in issue disposes of the Defendants' motion for particulars and that the Court record reflects that the Order had been sent to the parties on March 6, 2023 ." placed on file on 23-MAY-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 23-MAY-2023 directing that "The parties are to attend a Case Management Conference to be held virtually on Tuesday, May 23, 23, commencing at 1:30 pm to discuss the issues raised by the Defendants in their correspondence of May 19 and May 23, 2023. The parties are directed to cease attempting to argue points that are tantamount to motions in correspondence to the Court by which they seek a Case Management Conference. Costs may be awarded against the party making such submissions in writing in the future." placed on file on 23-MAY-2023
Letter from Defendant dated 23-MAY-2023 requesting CMC to discuss certain issues received on 23-MAY-2023
Communication to the Court from the Registry dated 19-MAY-2023 re: Email sent to the Court informing about the letter dated May 19 2023
Letter from Defendant dated 19-MAY-2023 requesting an urgent CMC to address certain issues received on 19-MAY-2023
Letter from Defendant dated 12-MAY-2023 requesting a CMC/TMC to discuss certain items and other submissions. Please see attachment for full details. received on 12-MAY-2023
Communication to the Court from the Registry dated 08-MAY-2023 re: Email was sent to the Court informing the past letters and submissions
Letter from Plaintiff dated 08-MAY-2023 in response to Defendant's letter dated May 8th, 2023 received on 08-MAY-2023
Letter from Defendant dated 08-MAY-2023 in response to Plaintiff's letter dated May 5th received on 08-MAY-2023
Letter from Plaintiff dated 05-MAY-2023 parties agreed on costs received on 05-MAY-2023
Solicitor's certificate of service on behalf of Ben Wallwork confirming service of the Defendants' Supplemental Written Representations filed on 5-MAY-2023 upon Plaintiff by e-mail on 05-MAY-2023 filed on 05-MAY-2023
Written Supplemental Representations on behalf of Defendant concerning Motion Doc. No. 59 filed on 05-MAY-2023
Letter from Defendant dated 28-APR-2023 providing costs submissions further to the direction of April 24th, 2023. received on 28-APR-2023
Solicitor's certificate of service on behalf of Alexander Camenzind confirming service of Plaintiffs Supplmental Submissions upon Defendant by email on 28-APR-2023 filed on 28-APR-2023
Plaintiff's supplemental submissions further to the hearing on April 24th 2023. Placed in Themis as ID 202. received on 28-APR-2023
Letter from Defendant dated 25-APR-2023 providing an update regarding the Defendant' Motion for Commission of Letters of Request (and/Or Letters Rogatory). received on 25-APR-2023
Letter from Defendant dated 25-APR-2023 bringing a decision of Justice Southcott (2019 FC 1311) to the attention of the Court and requesting a Trial Management Conference. received on 25-APR-2023
Outline of Oral Submissions (Defendant's Omnibus Motion). Placed on Themis as ID 198. received on 06-APR-2023
Plaintiff's day book for the hearing on April 24th, 2023. Placed on Themis as ID 199. received on 24-APR-2023
Ottawa 24-APR-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Motion Doc. No. 59 on behalf of Defendant Result of Hearing: Matter reserved held by way of video conference Duration per day: 24-APR-2023 from 02:01 to 04:40 Courtroom : Ottawa (Zoom) Court Registrar: Jasmine Lajoie Total Duration: 2h 39min Appearances: John Norman john.norman@gowlingwlg.com representing Plaintiff Rebecca Johnston rebecca.johnston@gowlingwlg.com representing Plaintiff Alex Camenzind alexander.camenzind@gowlingwlg.com representing Plaintiff Neil Fineberg neil@fineberg.legal representing Defendant Ben Wallwork ben@fineberg.legal representing Defendant Comments: Motion hearing is confidential. CMC was held at the end of the motion hearing. all in one recording / must get leave from the Court to provide recording to any client. Minutes of Hearing entered in Vol. 1094 page(s) 482 - 484 Abstract of Hearing placed on file
Letter from Plaintiff dated 21-APR-2023 "...On April 6, 2023 the parties appeared before AJ Duchesne in respect of motions pertaining to, inter alia, redactions to documents based on relevance, including in respect to "GDPR" compliance. The Plaintiffs enclose a copy of the Federal Court's decision in T-15-22, issued on Friday April 21 2023. (...)" sent to CMJ 24-APR-2023 received on 24-APR-2023
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Defendants¿ supplemental Motion Record and Book of Authorities upon Plaintiff by email on 21-APR-2023 filed on 21-APR-2023
CONFIDENTIAL Defendants Compendium for April 24, 2023 hearing placed on file on 21-APR-2023
Supplemental Book of Authorities of the Dedendants consisting of 1 volume(s) on behalf of Defendant received on 21-APR-2023
Supplementary Motion Record Number of copies received: 1 on behalf of Defendant filed on 21-APR-2023
Written Supplemental Written Representations contained within a Motion Record on behalf of Defendant concerning Spplemental Motion Record filed on 21-APR-2023
Letter from Defendant dated 21-APR-2023 concerning the direction dated 11-APR-2023 filing and serving additional materials by 21-APR-2023. see e-doc received on 21-APR-2023
Letter from Defendant dated 13-APR-2023 Confidential letter on cost received on 13-APR-2023
Confidential Compendium - Plaintiffs' Motion re Protective Order received on 06-APR-2023
Confidential Compendium Plaintiffs' response to Defendants' Omnibus Motion received on 06-APR-2023
Solicitor's certificate of service on behalf of Kavita Ramamoorthy confirming service of Defendants' Amended Notice of Motion and Revised Schedules "A", "C" to "R" upon Plaintiff by email on 24-MAR-2023 filed on 24-MAR-2023
Confidential Amended Notice of Motion and Schedules A and C to R thereto from Defendant replacing Doc 54 ID: 111 filed on 24-MAR-2023
Defendant request the Audio recording of the hearing dated April 6, 2023 received on 12-APR-2023
Confidential Transcript cross-exam dated March 31, 2023 with exhibits received on 04-APR-2023
Letter from Plaintiff dated 04-APR-2023 "relates to the forthcoming motion on April 6th, and in response to the Defendants' letter of earlier today (April 4th)which requested a joint adjournment of a single issue from the Defendants' motion (specifically item 1(f) of the Defendants' Notice of Motion)...." received on 04-APR-2023
Letter from Plaintiff dated 04-APR-2023 "The Plaintiffs write in accordance with item 9 of the Court's Order dated March 23, 2023, to advise the Court that they consider the documents (and document excerpts) set out below (letter include also One supplemental authority received on 04-APR-2023
Letter from Defendant dated 04-APR-2023 brief update, propose a division of time for oral arguments across the three motions in light of the resolution of some matters and to address item 9 of the Court's Amended Orders, dated March 22, 2023. received on 04-APR-2023
CONFIDENTIAL compendium on behalf of the Defendant received on 04-APR-2023
Letter from Defendant dated 04-APR-2023 An urgent letter regarding the one of the issues currently scheduled to be heard on April 6, 2023; Attached with two supplemental authorities that will be referenced at the hearing (the Merck and SNF decisions). received on 04-APR-2023
Acknowledgment of Receipt received from Defendant with respect to Direction of the Court dated April 11th, 2023 placed on file on 11-APR-2023
Acknowledgment of Receipt received from Plaintiff with respect to Direction of the Court dated April 11th, 2023 placed on file on 11-APR-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 11-APR-2023 directing that "Further to the April 6, 2023, partial adjournment of the Defendants' Omnibus Motions with respect to the relief sought at paragraph 1(f) of their Notices of Motion only, the parties are directed to attend virtually (audio and video) before the Court on Monday, April 24, 2023, from 2:00 pm to 4:30 pm E.S.T. to make their arguments relating to the relief sought at paragraph 1(f) of the Defendants' Notices of Motion. Any additional materials to be served and filed by the parties for the purposes of their arguments relating to the relief sought at paragraph 1(f) of the Defendants' Notices of Motion shall be served and filed by no later than April 21, 2023, at 2:00 pm, E.S.T." placed on file on 11-APR-2023
Defendant write to advise of the resolution of issues around their Letters Rogatory Motion. The resolution will require amendments to the motion record, which pursuant to item 6 of the Orders (Amended Notice of Motion, Revised Schedules "A", "C" to "R") received on 24-MAR-2023
Ottawa 06-APR-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Motion Doc. No. 54 on behalf of Defendant Result of Hearing: Matter adjourned to Special Sitting in Ottawa on 24-APR-2023 to begin at 02:00 Before the Court: Motion Doc. No. 59 on behalf of Defendant Result of Hearing: Order to follow Before the Court: Motion Doc. No. 72 on behalf of Plaintiff Result of Hearing: Order to follow held by Zoom Duration per day: 06-APR-2023 from 09:30 to 04:45 Courtroom : Ottawa (Zoom) Court Registrar: Chantal Baumberger Total Duration: 7h15min Appearances: John Norman, Rebecca Johnston, Alex Camenzin, Alex Gloor N/A representing Plaintiff Ben Wallwork, Kavita Ramamoorthy N/A representing Defendant Comments: recorded but Confidential Minutes of Hearing entered in Vol. 1094 page(s) 128 - 129 Abstract of Hearing placed on file
Letter from Plaintiff dated 23-MAR-2023 "Plaintiffs will not be filing responding motion materials in respect of the Defendants' Letters of Request motion..." received on 23-MAR-2023
Copy of Notice of Appeal (Appeal Court File No. A-66-23 ) appealing the Order of Mr. Justice Fothergill, dated February 17, 2023. filed in the Court of Appeal on 27-FEB-2023 on behalf of Appellant placed on file on 03-APR-2023
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Defendants' Responding Motion Record and Book of Authorities upon Plaintiff by email on 23-MAR-2023 filed on 23-MAR-2023
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 23-MAR-2023
Motion Record in response to Motion Doc. No. 72 containing the following original document(s): 80 81 82 Number of copies received: 1 on behalf of Defendant filed on 23-MAR-2023
Written Confidential Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 72 filed on 23-MAR-2023
Affidavit of XXXX Confidential sworn on 23-MAR-2023 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 72 with Exhibits A to D filed on 23-MAR-2023
Affidavit of Sibylle Gierschmann sworn on 23-MAR-2023 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 72 with Exhibits A to H filed on 23-MAR-2023
Covering letter from Plaintiff dated 07-MAR-2023 concerning Doc. 72 To 79 placed on file on 07-MAR-2023
Solicitor's certificate of service on behalf of ALEXANDER CAMENZIND confirming service of Plaintiffs' Motion Record and Book of Authorities (Motion Pursuant to the Protective Order upon Defendant by email on 07-MAR-2023 filed on 07-MAR-2023
Sealed envelope pursuant to the Protective Order dated February 15, 2023 on behalf of Plaintiff purporting to contain COURT ONLY VOLUME and Plaintiffs' Motion Received on 07-MAR-2023
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 07-MAR-2023
Confidential Plaintiffs' Motion Pursuant to the Protective Order dated February 15, 2023. Containing with Doc. 72, 73, 74, 75, 76,77 Some Documents are Solicitor's Eyes Only Designations and Redactions filed on 07-MAR-2023
Written Confidential Written Submissions SOLICITORS' EYES ONLY contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 72 filed on 07-MAR-2023
Affidavit of XXXX CONFIDENTIAL AND SOLICITORS' EYES ONLY sworn on 06-MAR-2023 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 72 with Exhibits A to D Exhibits E is SOLICITORS' EYES ONLY filed on 07-MAR-2023
Affidavit of 2 Confidential Affidavit sworn on 07-MAR-2023 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 72 filed on 07-MAR-2023
Affidavit of XXXX Confidential sworn on 07-MAR-2023 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 72 with Exhibits A to E filed on 07-MAR-2023
Affidavit of XXXX Confidential Affidavit sworn on 07-MAR-2023 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 72 with Exhibits A to TT filed on 07-MAR-2023
Confidential Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for Confidential please refer to Confidential Motion Record filed on 07-MAR-2023
Solicitor's certificate of service on behalf of Rebecca Johnston confirming service of Plaintiffs'Responding Motion Record and Book of Authorities (Defendants' Omnibus Motion for Relief), upon Defendant by email on 23-MAR-2023 filed on 23-MAR-2023
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 23-MAR-2023
CONFIDENTIAL Motion Record in response to Doc. 54 on behalf of the Plaintiff (Plaintiffs' Response to Defendants' Omnibus Motion for Relief) filed on 23-MAR-2023
Written Submissions contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 54 filed on 23-MAR-2023
Affidavit of Nancy Gallinger sworn on 23-MAR-2023 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 54 with Exhibits A to EE filed on 23-MAR-2023
Affidavit of Dr. Barbara Maucher sworn on 22-MAR-2023 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 54 with Exhibits A to C filed on 23-MAR-2023
Acknowledgment of Receipt received from both parties with respect to the Amended Order dated March 22, 2023 placed on file on 22-MAR-2023
Amended Order dated 22-MAR-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: see the attached Filed on 22-MAR-2023 copies sent to parties entered in J. & O. Book, volume 1587 page(s) 399 - 401 Interlocutory Decision
Order dated 22-MAR-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Case Management Conference Result: see the attached Filed on 22-MAR-2023 copies sent to parties entered in J. & O. Book, volume 1587 page(s) 396 - 398 Interlocutory Decision
Ottawa 21-MAR-2023 BEFORE Benoit Duchesne, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: order to follow held by Zoom Duration per day: 21-MAR-2023 from 04:00 to 04:15 Courtroom : Ottawa (Zoom) Court Registrar: Chantal Baumberger Total Duration: 15min Appearances: John Norman , Rebecca Johnston, Alex Gloor N/A representing Plaintiff Kavita Ramamoorthy, Neil Fineberg, Ben Wallwork, Kristin Marks N/A representing Defendant Minutes of Hearing entered in Vol. 1093 page(s) 172 - 173 Abstract of Hearing placed on file
Acknowledgment of Receipt received from both parties with respect to the Direction dated MArch 20, 2023 placed on file on 20-MAR-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 20-MAR-2023 directing that The parties are directed to attend a virtual case management conference (audio and video) on Tuesday, March 21, 2023, at 4:00 pm placed on file on 20-MAR-2023
Letter from Plaintiff dated 20-MAR-2023 "We write further to the Court's March 16, 2023 Direction and the Defendants' March 17, 2023 letter. ..." received on 20-MAR-2023
Letter from Defendant dated 17-MAR-2023 "We thought it may be of assistance to the Court to set out the schedules for the two omnibus motions currently underway, ..." received on 17-MAR-2023
Acknowledgment of Receipt received from both parties with respect to the Direction dated March 16, 2023 placed on file on 16-MAR-2023
Oral directions received from the Court: Benoit Duchesne, Prothonotary dated 16-MAR-2023 directing that The Court has reviewed the motion material filed by the parties in connection with the Defendants' Omnibus Motion for Relief re Discovery and the companion Motion for Commission and Letters Rogatory. If the parties wish to make oral submissions with respect to the motions, the Court can accommodate hearing the parties virtually on March 22, 2023, from 9:30 to 1:00 pm, or on March 23, 2023, from noon to 4 pm. The parties are directed to inform the Court by noon on March 21, 2023, whether and when they wish to make oral submissions on either or both motions. Given the content of the Defendant¿s letter of March 9, 2023, setting out that the Defendants will not be bringing a formal recusal motion, the virtual case management conference ordered to be held on March 23, 2023, will not be proceeding and is cancelled. placed on file on 16-MAR-2023
Letter from Defendant dated 09-MAR-2023 "We write further to the Court's Order dated March 8, 2023 ..." received on 09-MAR-2023
Acknowledgment of Receipt received from both parties with respect to the Order dated March 8, 2023 placed on file on 09-MAR-2023
Order dated 08-MAR-2023 rendered by Benoit Duchesne, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant dated 07-MAR-2023 Result: see the attached Filed on 08-MAR-2023 copies sent to parties entered in J. & O. Book, volume 1586 page(s) 149 - 150 Interlocutory Decision
Letter from Plaintiff dated 08-MAR-2023 "This letter relates to the proposed manner of proceeding in these actions in view of the March 6, 2023 Orders replacing Associate Judge Horne with Associate Judge Duchesne as Case Management Judge. It also responds to the Defendants¿ letter on the same issue that was sent to Court yesterday afternoon. ..." received on 08-MAR-2023
Covering letter from Defendant dated 07-MAR-2023 concerning the two (2) Motion Record filed March 7, 2023 placed on file on 07-MAR-2023
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Defendants' Motion for Commission and Letters of Request upon Plaintiff by email on 07-MAR-2023 filed on 07-MAR-2023
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 07-MAR-2023
Motion Record containing the following original document(s): 59 60 61 Number of copies received: 1 on behalf of Defendant filed on 07-MAR-2023
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 59 filed on 07-MAR-2023
Affidavit of XXXX Confidential sworn on 07-MAR-2023 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 59 with Exhibits A to CC filed on 07-MAR-2023
Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be placed before the Court in Ottawa for Confidential Notice of Motion filed on 07-MAR-2023
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Defendants' Motion Record and Book of Authorities re: Defendants' Omnibus Motion for Relief re Discovery upon Plaintiff by email on 07-MAR-2023 filed on 07-MAR-2023
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 07-MAR-2023
Motion Record containing the following original document(s): 54 55 56 Number of copies received: 1 on behalf of Defendant filed on 07-MAR-2023
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion in writing Doc. No. 54 filed on 07-MAR-2023
Affidavit of XXXX Confidential sworn on 07-MAR-2023 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 54 with Exhibits A to Z filed on 07-MAR-2023
Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be placed before the Court in Ottawa for Confidential Notice of Motion filed on 07-MAR-2023
Letter from Defendant dated 07-MAR-2023 " In this letter, we write in response to the Plaintiffs' letter of today, following yesterday's appointment. ..." received on 07-MAR-2023
Letter from Defendant dated 07-MAR-2023 "In this letter, we write with respect to i) a matter with which Associate Judge Horne remains seized that is under reserve and ii) several time-sensitive rule 369 motions that Associate Judge Horne is intimately familiar with, that were scheduled around his availability and that are due to be served and filed with the Court today.." received on 07-MAR-2023
Letter from Plaintiff dated 07-MAR-2023 "The Plaintiffs write to advise the Court that AJ Duchesne is a former partner at the Ottawa office of Gowling WLG (Canada) LLP,..." received on 07-MAR-2023
Acknowledgment of Receipt received from both parties with respect to doc 53 placed on file on 13-MAR-2023
Order dated 06-MAR-2023 rendered by Trent Horne, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 36 Result: granted in part Filed on 06-MAR-2023 certified copies sent to parties entered in J. & O. Book, volume 1585 page(s) 365 - 374 Interlocutory Decision
Order dated 20-FEB-2023 rendered by Trent Horne, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 21 Result: granted in part Filed on 20-FEB-2023 certified copies sent to parties entered in J. & O. Book, volume 1584 page(s) 335 - 338 Interlocutory Decision
Order dated 06-MAR-2023 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Motion ex proprio motu Result: IT IS ORDERED pursuant to Rule 383 that Associate Judge Benoit M. Duchesne is assigned as Case Management Judge in the place of Associate Trent Horne in this matter. Filed on 06-MAR-2023 copies sent to parties entered in J. & O. Book, volume 1584 page(s) 310 - 310 Interlocutory Decision
Copy of Direction dated 23-FEB-2023 rendered by Trent Horne, Esq., Prothonotary placed on file. Original filed on Court File No. T-1831-22
Toronto 23-FEB-2023 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: minutes found on T-1831-22 held by way of Conference Call Duration per day: 23-FEB-2023 from 09:30 to 10:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Shaun Nelson Total Duration: 20min Appearances: Dr. Norman, Mr. Camenzind, Ms. Johnston 613-786-0108 representing Plaintiff Ms. Ramamoorthy, Mr. Fineberg, Mr. Wallwork 647-795-8636 representing Defendant Minutes of Hearing entered in Vol. 1092 page(s) 64 - 65 Abstract of Hearing placed on file
Letter from Defendant dated 22-FEB-2023 in response to the Plaintiff's letter received on 22-FEB-2023
Letter from Plaintiff dated 22-FEB-2023 in regards to the CMC scheduled 23-FEB-2023 received on 22-FEB-2023
Toronto 17-FEB-2023 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Motion Doc. No. 36 on behalf of Defendant Result of Hearing: Matter reserved held by way of video conference Duration per day: 17-FEB-2023 from 09:30 to 11:50 Courtroom : Toronto (Zoom) Court Registrar: Shaun Nelson Total Duration: 2h 20min Appearances: Rebecca Johnston, Alex Camenzind, Alex Gloor 613-233-1781 representing Plaintiff Neil Fineberg, Kerry Andrusiak 647-795-8633 representing Defendant Minutes of Hearing entered in Vol. 1091 page(s) 342 - 343 Abstract of Hearing placed on file
Letter from Defendant dated 16-FEB-2023 agenda for upcoming CMC received on 16-FEB-2023
Letter from Plaintiff dated 16-FEB-2023 providing the court with an update for the upcoming motion received on 16-FEB-2023
Copy of Reasons for Decision and Decision dated 17-FEB-2023 rendered by The Honourable Mr. Justice Fothergill placed on file. Original filed on Court File No. T-1831-22
Letter from Plaintiff dated 17-FEB-2023 in response to the Defendants' letter dated 16-FEB-2023 received on 17-FEB-2023
Acknowledgment of Receipt received from Plaintiff with respect to Doc. 50 placed on file on 15-FEB-2023
PROTECTIVE ORDER dated 15-FEB-2023 rendered by Trent Horne, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 10-FEB-2023 Result: granted Filed on 15-FEB-2023 copies sent to parties entered in J. & O. Book, volume 1582 page(s) 27 - 42 Interlocutory Decision
Solicitor's certificate of service on behalf of Rebecca Johnston confirming service of Doc. 48 and ID 91 upon Defendant by email on 10-FEB-2023 filed on 10-FEB-2023
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 10-FEB-2023
Motion Record in response to Motion Doc. No. 36 containing the following original document(s): 46 47 Number of copies received: 1 on behalf of Plaintiff filed on 10-FEB-2023
Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 36 filed on 10-FEB-2023
Affidavit of Nancy Gallinger sworn on 10-FEB-2023 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 36 with Exhibits A-G filed on 10-FEB-2023
Letter from Plaintiff dated 10-FEB-2023 providing the court with a draft protective order received on 10-FEB-2023
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Doc. 44 and ID 85 upon Plaintiff by email on 03-FEB-2023 filed on 03-FEB-2023
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 03-FEB-2023
Motion Record in response to Motion Doc. No. 21 containing the following original document(s): 42 43 Number of copies received: 1 on behalf of Defendant filed on 03-FEB-2023
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 21 filed on 03-FEB-2023
Affidavit of Jahdiel Larraguibel sworn on 02-FEB-2023 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 21 with Exhibits A-H filed on 03-FEB-2023
Copy of Day Book on behalf of counsel for Defendants Sandoz Canada and Sun Pharma Canada placed on file on 01-FEB-2023 Original filed on Court File No. T-1831-22
Copy of compendium on behalf of The Plaintiffs Boehringer Engelheim Ltd & International GMBH placed on file on 01-FEB-2023 Original filed on Court File No. T-1831-22
Acknowledgment of Receipt received from Defendant with respect to Doc. 41 placed on file on 24-JAN-2023
Acknowledgment of Receipt received from Plaintiff with respect to Doc. 41 placed on file on 24-JAN-2023
SCHEDULING ORDER dated 24-JAN-2023 rendered by Trent Horne, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: granted Filed on 24-JAN-2023 copies sent to parties entered in J. & O. Book, volume 1578 page(s) 379 - 383 Interlocutory Decision
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Doc. 39 and ID 75 upon Plaintiff by email on 20-JAN-2023 filed on 20-JAN-2023
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 20-JAN-2023
Motion Record containing the following original document(s): 36 37 38 Number of copies received: 1 on behalf of Defendant filed on 20-JAN-2023
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 36 filed on 20-JAN-2023
Affidavit of Kristin Marks sworn on 19-JAN-2023 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 36 with Exhibits A-M filed on 20-JAN-2023
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 17-FEB-2023 to begin at 09:30 for an Order directing the Plaintiffs to provide further and better particulars; and other relief filed on 20-JAN-2023
Letter from Plaintiff dated 20-JAN-2023 re: enclosed Draft order further to the CMC held on January 10, 2023 received on 20-JAN-2023
Toronto 10-JAN-2023 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The parties agree on a schedule for next steps in the proceeding. Counsel shall provide the Court with a draft order. held by way of Conference Call Duration per day: 10-JAN-2023 from 02:30 to 04:10 Courtroom : Judge's Chambers - Toronto Court Registrar: Cherlin McColman Total Duration: 1h 40min Appearances: Mr. John Norman/Mr. Alex Gloor/Ms. Rebecca Jonhston 416-862-7525 representing Plaintiff Mr. Neil Fineberg/Ms. Kavita Ramammoorthy/Mr. Ben Wallwork 647-795-8633 representing Defendant Draft Decision to be submitted by the parties Comments: Hearing not recorded. Heard together with T-1831-22. Minutes of Hearing entered in Vol. 1089 page(s) 432 - 434 Abstract of Hearing placed on file
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 20-DEC-2022 directing that "Further to a case managment conference on December 20, 2002, the plaintiffs shall make best efforts and advise the defendants by January 6, 2023 which inventors will be made available for an examination, where they will be made available, and how they will be made available." placed on file on 20-DEC-2022 Confirmed in writing to the party(ies)
Toronto 20-DEC-2022 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: the plaintiffs shall provide the defendant with inventor information by January 6, 2023 held by way of Conference Call Duration per day: 20-DEC-2022 from 02:00 to 02:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Cherlin McColman Total Duration: 20min Appearances: Mr. Alex Gloor/Mr. John Norman/Ms. Rebecca Johnston 416-862-7525 representing Plaintiff Ms. Kavita Ramamoorthy/Mr. Neil Fineberg/Mr. Ben Wallwork 647-795-8633 representing Defendant Comments: Hearing not recorded. Heard together with T-1831-22. Minutes of Hearing entered in Vol. 1089 page(s) 97 - 98 Abstract of Hearing placed on file
Letter from Plaintiff dated 20-DEC-2022 in response to the defendant's letter dated 19-DEC-2022 received on 20-DEC-2022
Letter from Defendant dated 19-DEC-2022 in response to the Plaintiff's letter dated 19-DEC-2022 received on 19-DEC-2022
Letter from Plaintiff dated 19-DEC-2022 re: a proosed timetable for next steps in the proceeding and dates of availability for a CMC received on 19-DEC-2022
Solicitor's certificate of service on behalf of Alexander Camenzind confirming service of Motion Reocord (Doc 34) Book of Authorities (ID 62) upon the Defendants by Electronic Service on 16-DEC-2022 filed on 16-DEC-2022
Book of Authorities consisting of 1 volume(s) on behalf of the Plaintiffs received on 16-DEC-2022
Motion Record containing the following original document(s): 31 32 33 Number of copies received: 1 on behalf of the Plaintiffs filed on 16-DEC-2022
Memorandum of fact and law contained within a Motion Record on behalf of the Plaintiffs filed on 16-DEC-2022
Affidavit of Nancy Gallinger sworn on 15-DEC-2022 contained within a Motion Record on behalf of The Plaintiffs in support of Motion Doc. No. 31 with Exhibits A-Z filed on 16-DEC-2022
Notice of Motion contained within a Motion Record on behalf of the Plaintiffs returnable at Special Sitting in Ottawa on 01-FEB-2023 to begin at 09:30 for Summary Judgment Tariff Any other action - $300.00 filed on 16-DEC-2022
Acknowledgment of Receipt received from all parties with respect to Doc 30 placed on file on 15-DEC-2022
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 14-DEC-2022 directing that Further to correspondence from the defendants dated December 13, 2022, and correspondence from the plaintiffs dated December 14, 2022, it is the Court's expectation that the jointly proposed timetable will include a fixed date for the plaintiffs to identify which inventors of the patents at issue will be made available for discovery, when, where, and how. placed on file on 14-DEC-2022 Confirmed in writing to the party(ies)
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 14-DEC-2022 directing that The parties' motions for particulars will be heard on February 17, 2023 at 9:30 am by Zoom video, not to exceed two hours. The plaintiffs' moving motion record shall be served and filed by November 17, 2022; the defendants' responding motion record shall be served and filed by February 3, 2023. The defendants' moving motion record shall be served and filed by January 20, 2023; the plaintiffs' responding motion record shall be served and filed by February 10, 2023. placed on file on 14-DEC-2022 Confirmed in writing to the party(ies)
Letter from Plaintiff dated 14-DEC-2022 in response to the Defendant's letter dated 13-DEC-2022 received on 14-DEC-2022
Letter from Defendant dated 13-DEC-2022 re: request for the Court to exercise its discretion by orderding the Plaintiffs to provide inventor information received on 13-DEC-2022
Order (time and place) dated 12-DEC-2022 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in To be determined (TrialJA) on 27-MAY-2024 to begin at 09:30 duration: 23d language: E Filed on 12-DEC-2022 cc's sent to parties entered in J. & O. Book, volume 1572 page(s) 326 - 326 Transmittal letters placed on file
Acknowledgment of Receipt received from both parties with respect to Written Directions dated 08-DEC-2022 placed on file on 08-DEC-2022
Written directions received from the Court: Chief Justice Crampton dated 08-DEC-2022 directing that "The Chief Justice has indicated the following: The Plaintiffs' motion for Summary Judgment may be made returnable before this Court at the Thomas D'Arcy McGee Building, 90 Sparks Street, in the City of Ottawa, Ontario, on Wednesday, February 1, 2023, at 9:30am for a duration of one (1) day. The Plaintiffs shall serve and file their moving motion record no later than Friday, December 16, 2022. The Defendants shall serve and file their responding motion record no later than Wednesday, January 18, 2023." placed on file on 08-DEC-2022 Confirmed in writing to the party(ies)
Solicitor's certificate of service on behalf of Belle Van confirming service of Doc. 28 upon Plaintiff by email on 28-NOV-2022 filed on 28-NOV-2022
Reply to Defence to Counterclaim on behalf of Defendant Filed on 28-NOV-2022
Letter from Defendant dated 29-NOV-2022 re: enquiring about the trial dates and schedule in this action received on 29-NOV-2022
Letter from Plaintiff dated 24-NOV-2022 re: request to schedule a summary judgment motion received on 24-NOV-2022
Solicitor's certificate of service on behalf of Alex Gloor confirming service of Reply and Defence to Counterclaim (Doc. 26) upon Defendant by Electronic Service on 18-NOV-2022 filed on 18-NOV-2022
Reply and Defence to Counterclaim on behalf of the Plaintiffs/Defendants by Counterclaim Filed on 18-NOV-2022
Toronto 18-NOV-2022 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Case Management Conference to discuss the status of the proceeding and discuss upcoming Motions Result of Hearing: The Plaintiffs Motions will be heard February 17, 2023; If the parties decide to proceed by way of writing they are to write to the Court and advise; all Motion materials to be filed by February 10, 2023; Parties to discuss the terms of a Protective Order held by way of Conference Call Duration per day: 18-NOV-2022 from 01:00 to 01:35 Courtroom : Judge's Chambers - Toronto Court Registrar: Monica Mecca Total Duration: 35 min Appearances: Alex Gloor 613-786-0172 representing Plaintiff Alex Camenzind 613-783-8970 representing Plaintiff Rebecca Johnston 613 786 0108 representing Plaintiff Neil Fineberg 647-795-8633 representing Defendant Kavita Ramamoorthy 647-795-8635 representing Defendant Ben Wallwork 647-795-8636 representing Defendant Minutes of Hearing entered in Vol. 1086 page(s) 440 - 441 Abstract of Hearing placed on file
Covering letter from the Plaintiffs dated 17-NOV-2022 concerning Motion Record (DOC 24) and Book Authorities (ID 40); to be discussed at the Case Management Conference November 18, 2022 placed on file on 17-NOV-2022
Solicitor's certificate of service on behalf of ALEXANDER CAMENZIND confirming service of Motion Record (Doc 24) and Book of Authorities (ID 40) upon Defendant by Electronic Service on 17-NOV-2022 filed on 17-NOV-2022
Book of Authorities consisting of 1 volume(s) on behalf of the Plaintiffs received on 17-NOV-2022
Motion Record containing the following original document(s): 21 22 23 Number of copies received: 1 on behalf of the Plaintiffs filed on 17-NOV-2022
Written Representations contained within a Motion Record on behalf of the Plaintiffs concerning Motion Doc. No. 21 filed on 17-NOV-2022
Affidavit of Nancy Gallinger sworn on 17-NOV-2022 contained within a Motion Record on behalf of the Plaintiffs in support of Motion Doc. No. 21 with Exhibits A-G filed on 17-NOV-2022
Notice of Motion contained within a Motion Record on behalf of the Plaintiffs returnable (but no hearing date indicated at this time) for an Order for Particulars filed on 17-NOV-2022
Letter from Plaintiff dated 17-NOV-2022 re: the parties` proposed agenda for the CMC scheduled for 17-OCT-2022 received on 17-NOV-2022
Letter from Defendant dated 08-NOV-2022 re: request for CMC received on 08-NOV-2022
Acknowledgment of Receipt received from both parties with respect to Order (DOC 20) placed on file on 02-NOV-2022
Order dated 02-NOV-2022 rendered by Trent Horne, Esq., Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 8 Result: dismissed Filed on 02-NOV-2022 copies sent to parties entered in J. & O. Book, volume 1565 page(s) 245 - 252 Interlocutory Decision
Toronto 28-OCT-2022 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Motion Doc. No. 8 on behalf of Defendant Result of Hearing: Matter reserved held by way of video conference Duration per day: 28-OCT-2022 from 09:30 to 12:30 Courtroom : Toronto (Zoom) Court Registrar: Monica Mecca Total Duration: 3hr Appearances: Marc Richard 613-786-8690 representing Plaintiff Rebecca Johnston 613-786-0108 representing Plaintiff Alexander Camenzind 613-783-8970 representing Plaintiff Neil Fineberg, Kavita Ramamoorthy, and Ben Wallwork 647-795-8633 representing Defendant Comments: Recorded via Zoom Minutes of Hearing entered in Vol. 1085 page(s) 259 - 260 Abstract of Hearing placed on file
Solicitor's certificate of service on behalf of Rebecca Johnston confirming service of Doc. 18 and ID 29 upon Defendant by email on 24-OCT-2022 filed on 24-OCT-2022
Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 24-OCT-2022
Motion Record in response to Motion Doc. No. 8 containing the following original document(s): 16 17 Number of copies received: 1 on behalf of Plaintiff filed on 24-OCT-2022
Written Submissions contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 8 filed on 24-OCT-2022
Affidavit of Nancy Gallinger sworn on 24-OCT-2022 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 8 with Exhibits A-O filed on 24-OCT-2022
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Defence and Counterclaim (DOC 14) upon Plaintiff by Electronic Service on 19-OCT-2022 filed on 19-OCT-2022
Defence and Counterclaim filed on 19-OCT-2022
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Doc. 12 and ID 22 upon Plaintiff by email on 14-OCT-2022 filed on 14-OCT-2022
Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 14-OCT-2022
Motion Record containing the following original document(s): 8 9 10 11 Number of copies received: 1 on behalf of Defendant filed on 14-OCT-2022
Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 8 filed on 14-OCT-2022
Affidavit of Jahdiel Larraguibel sworn on 14-OCT-2022 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 8 with Exhibits A filed on 14-OCT-2022
Affidavit of Kristin Marks sworn on 14-OCT-2022 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 8 with Exhibits A-X filed on 14-OCT-2022
Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 28-OCT-2022 to begin at 09:30 for an Order that the trials of the actions in Court File Nos. T-1831-22 and T-1834-22 be heard as a single common trial; and other relief filed on 14-OCT-2022
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 12-OCT-2022 directing that The defendants' motion for a common hearing on construction and issues will be heard on October 28, 2022 at 9:30 am by Zoom video. Moving motion materials shall be served and filed by October 14, 2022. Responding motion materials shall be served and filed by noon on October 24, 2022. placed on file on 12-OCT-2022 Confirmed in writing to the party(ies)
Copy of Oral Direction placed on file on 11-OCT-2022 Original placed on Court File No. T-1484-22
Oral directions received from the Court: Trent Horne, Esq., Prothonotary dated 04-OCT-2022 directing that `Further to a case management conference on October 4, 2022, the parties shall write to the Court by October 12, 2002 and provide a status update on any joint request, or contested motion, for a common hearing on construction and validity issues. In the event a motion is required, the Court has set aside October 28, 2022 at 9:30AM for the hearing. If the motion proceeds on that date, all motion materials shall be served and filed by October 25, 2022.` placed on file on 04-OCT-2022
Toronto 04-OCT-2022 BEFORE Trent Horne, Esq., Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: parties are to provide a status update by October 12, 2002 as to a joint request or a motion for a common hearing (with T-1831-22) held by way of Conference Call Duration per day: 04-OCT-2022 from 12:00 to 12:23 Courtroom : Judge's Chambers - Toronto Court Registrar: Cherlin McColman Total Duration: 23min Appearances: Mr. John Norman/Mr. Alex Goor/Mr. Alex Camenzind/Ms. Rebecca Johnston 416-862-7525 representing Plaintiff Ms. Kavita Ramamoorthy/Ms. Kristin Marks 647-795-8633 representing Defendant Comments: Hearing not recorded. Heard together with T-1831-22. Minutes of Hearing entered in Vol. 1084 page(s) 263 - 264 Abstract of Hearing placed on file
Letter from Plaintiff dated 03-OCT-2022 in advance of the CMC scheduled for 4-OCT-2022 received on 03-OCT-2022
Letter from Defendant dated 26-SEP-2022 re:requesting a single joint CMC with T-1831-22 received on 26-SEP-2022
Letter from Plaintiff dated 26-SEP-2022 re: dates of mutual availablity for CMC received on 26-SEP-2022
Solicitor's certificate of service on behalf of Kristin Marks confirming service of Doc. 6 upon Plaintiff by email on 19-SEP-2022 filed on 19-SEP-2022
Notice of Intention to Respond filed on 19-SEP-2022
Acknowledgment of Receipt received from both parties via email with respect to doc 4 filed on 12-SEP-2022
Order dated 12-SEP-2022 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Motion ex proprio motu Result: «PURSUANT to Rules 47 and 384 of the Federal Courts Rules; IT IS HEREBY ORDERED THAT: 1. This proceeding shall continue as a specially managed proceeding. 2. Pursuant to Rule 383, Prothonotary Trent Horne is assigned as Case Management Judge in this matter.» Filed on 12-SEP-2022 copies sent to parties entered in J. & O. Book, volume 1555 page(s) 470 - 471 Interlocutory Decision
Consent on behalf of all parties to electronic service of all documents not required to be served personally (see electronic document) with proof of service upon all parties on 09-SEP-2022 filed on 09-SEP-2022
Service copy of Statement of Claim with proof of service upon Defendant on 09-SEP-2022 filed on 09-SEP-2022
Memorandum to file from ottawa dated 09-SEP-2022 Doc No.1: PMNOC Statement of Claim, sent to court for appointment of CMJ placed on file.
Covering letter from Plaintiffs dated 08-SEP-2022 concerning Doc No. 1 (PMNOC Statement of Claim) placed on file on 08-SEP-2022
Statement of Claim filed on 08-SEP-2022 Certified copy(ies)/copy(ies) transmitted to Deputy Attorney General of Canada Tariff other action - $150.00
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