Solicitor's certificate of service on behalf of Andrew Bernstein confirming service of Doc 517 upon Plaintiff and former solicitors of the Defendant by email on 17-SEP-2024 confirming service Doc 517 upon Plaintiff by fax on 17-SEP-2024 filed on 17-SEP-2024

Notice of change of solicitor on behalf of Defendant filed on 17-SEP-2024

Letter from Plaintiff dated 09-SEP-2019 Change of name of Smart & Biggar to Smart & Biggar LLP in English, Smart & Biggar S.E.N.C.R.L.,s.r.l. in French. received on 10-SEP-2019

Certified French language Translation of Order and Reasons rendered on 08-AUG-2017 by The Honourable Mr. Justice Fothergill filed on 18-JUL-2018 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Order entered in J. & O. Book, volume 1378 page(s) 83 - 83 and copy placed on file.

Certified French language Translation of Public supplemental Judgment and Reasons rendered on 05-JUL-2017 by The Honourable Mr. Justice Fothergill filed on 18-JUL-2018 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Judgment entered in J. & O. Book, volume 1378 page(s) 81 - 82 and copy placed on file.

Certified French language Translation of Order and Reasons rendered on 30-MAR-2016 by The Honourable Mr. Justice Hughes filed on 18-JUL-2018 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Order entered in J. & O. Book, volume 1378 page(s) 77 - 78 and copy placed on file.

Certified French language Translation of Reasons for Judgment and Judgment rendered on 19-APR-2017 by The Honourable Mr. Justice Fothergill filed on 05-MAR-2018 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Judgment entered in J. & O. Book, volume 1362 page(s) 23 - 25 and copy placed on file.

Certified French language Translation of Reasons for Judgment and Judgment rendered on 22-JAN-2016 by The Honourable Mr. Justice O'Keefe filed on 04-JAN-2018 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of REASONS FOR JUDGMENT AND JUDGMENT entered in J. & O. Book, volume 1355 page(s) 411 - 413 and copy placed on file.

Letter from Plaintiff dated 30-NOV-2017 providing a status update further to the case management teleconference held on October 16, 2017, advising that the parties anticipate being able to provide the Court with a list of materials relating to issue of confidentiality, in December - January (cc'd to D's counsel) received on 30-NOV-2017

Toronto 16-OCT-2017 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties to submit a status update re: itemized lists of what documents/ exhibits to be deemed as confidential and an explanation in support of their request, in a few weeks held by way of Conference Call in chambers Duration per day: 16-OCT-2017 from 12:05 to 12:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 25min Appearances: Daniel Davies (613) 232-2486 representing Plaintiff Michael Charles / Jerry Chen (416) 957-1689 representing Defendant Comments: Parties advised that they believe that the Registrar for the Reference hearing (J. Gornick), maintained a copy of the exhibits that the parties deemed as confidential Minutes of Hearing entered in Vol. 982 page(s) 419 - 422 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 10-OCT-2017 re: D's letter dated 3-OCT-2017, submitted to Milczynski CMJ and Southcott J.

Letter from Defendant, NOVA Chemicals Corporation. This letter is being provided jointly on behalf of all parties further to the case management conference call held with Madam Prothonotary Milczynski on July 24, 2017 in respect of para.3 of the Supplemental judgment of Justice Fothergill dated june 29, 2017 and in particular the confidentiality of the Court file in this matter." (Attached are excerpts of transcripts and decisions) received on 03-OCT-2017

MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Rachelle Berthelet Ottawa Registry, enclosing a copy of Amended Notice of Appeal filed 19-sep-2017 in Federal Court of Appeal file A-227-17. Sent by internal mail on 2-OCT-2017. placed on file on 02-OCT-2017

Copy of Amended Notice of Appeal on behalf of Defendant dated 19-SEP-2017 appealing the supplemental judgment of Fothergill, J. dated 29-JUN-2017 in Federal Court of Appeal placed on file on 02-OCT-2017 Original placed on Court File No. A-227-17

Copy of Notice of Appeal (Appeal Court File No. A-227-17 ) appealing Supplemental Judgment (Fothergill,J.) June 29, 2017.(Notice of cross-appeal) filed in the Court of Appeal on 18-AUG-2017 on behalf of Appellant placed on file on 23-AUG-2017

Acknowledgment of Receipt received from both parties (by email) with respect to Order of the Court (Fothergill, J.) dated August 8, 2017 placed on file on 09-AUG-2017

Order and Reasons dated 08-AUG-2017 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Order dated 05-JUL-2017 Result: ''THIS COURT'S JUDGMENT is that: 1. Nova shall pay to Dow $644,623,550.00, inclusive of pre-judgment interest to April 7, 2017, together with pre-judgment interest calculated in accordance with this Court's Judgment in Dow v Nova from April 7, 2017 to the date of this Judgment. 2. Nova shall pay to Dow post-judgment interest of 5%, not compounded, from the date of this Judgment. 3. The parties shall file written submissions on the confidentiality of the Court File No. T-2051-10 by July 14, 2017, and any reply submissions by July 19, 2017. 4. The parties shall file written submissions on costs, not exceeding ten pages, by July 14, 2017, and any reply submissions, not exceeding three pages, by July 19, 2017.'' Filed on 08-AUG-2017 copies sent to parties entered in J. & O. Book, volume 1342 page(s) 497 - 497 Final Decision

Copy of Notice of Appeal (Appeal Court File No. A-227-17 ) appealing Supplemental Judgment & Reasons of Fothergill J. dated 29-JUN-2017 (Doc 502) filed in the Court of Appeal on 02-AUG-2017 on behalf of Defendant placed on file on 03-AUG-2017

Covering letter from Defendant - Nova Chemicals Corporation dated 28-JUL-2017 concerning USB Key (attached) containing Confidential Cost Submissions and Reply Cost Submissions. (which have been hyperlined to the cases and documents cited therein. placed on file on 28-JUL-2017

Communication to the Court from the Registry dated 27-JUL-2017 re: sent to Court for disposition re: reference submissions on costs

Solicitor's certificate of service on behalf of Adam Bobker confirming service of Doc. 509, IDs 1198, 1199 upon Plaintiff by EMAIL on 26-JUL-2017 filed on 26-JUL-2017

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 26-JUL-2017 Sent directly to Presiding Judge

Defedant's Compendium (re. Reply Cost Submissions) received on 26-JUL-2017

Reply Costs Submissions further to ID 1179 on behalf of Defendant in response to plaintiff's costs submissions Filed on 26-JUL-2017

Covering letter from Plaintiff dated 26-JUL-2017 concerning Doc. Nos. 507 508 placed on file on 26-JUL-2017

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of Doc. No 507 upon Defendant by email on 26-JUL-2017 filed on 26-JUL-2017

Flash drives (3 copies) of the Plaintiff's Responding Written Representaions on Costs on th Reference filed on 26-JUL-2017

Letter from Defendant dated 21-JUL-2017 providing the parties' availability for a case management teleconference, further to the direction of Fothergill J. dated 17-JUL-2017 (cc'd to P's counsel) received on 21-JUL-2017

Toronto 24-JUL-2017 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The parties should confirm/identify what documents should be sealed. The parties will write to the court for a follow up call. held in chambers Duration per day: 24-JUL-2017 from 12:30 to 12:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Steve Garland/Daniel Davies/Ryan Evans 613-232-2486 representing Plaintiff Mike Charles / Jerry Chen 416-957-1689 representing Defendant Minutes of Hearing entered in Vol. 978 page(s) 486 - 487 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of document id 1189 and 1190 upon Defendant by electronically on consent on 21-JUL-2017 filed on 21-JUL-2017

Letter from Plaintiff dated 21-JUL-2017 enclosing three flash drives. Counsel notes the Word version of the Written Representations contains hyperlinks to the cases and documents cited. received on 21-JUL-2017

Flash Drives - 3 (electronic copy of Plaintiff's Written Representations on costs on the Reference.) received on 21-JUL-2017

Solicitor's certificate of service on behalf of Adam Bobker confirming service of Doc. 504 & IDs 1186 and 1187 upon Plaintiff by email on 21-JUL-2017 filed on 21-JUL-2017

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 21-JUL-2017

Sealed envelope pursuant to Protective Order on behalf of Defendant purporting to contain Defendant's Compendium re: Cost Submissions of Nova Chemicals on the reference before Justice Fothergill Received on 21-JUL-2017

Sealed envelope pursuant to Protective Order on behalf of Defendant purporting to contain Cost Submissions of Nova Chermicals on the Reference before Justice Fothergill Filed on 21-JUL-2017

Acknowledgment of Receipt received from all parties (by e-mail) with respect to Direction of the Court dated July 17, 2017. placed on file on 17-JUL-2017

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 17-JUL-2017 directing that "The Court is in receipt of correspondence dated July 14, 2017 sent on behalf of all parties. The parties are directed to schedule a case management conference with Prothonotary Martha Milczynski at their earliest convenience, and be prepared to identify the grounds upon which they wish to maintain the confidentiality of the exhibits, transcripts, submissions and other documents contained in Court File T-2051-10." placed on file on 17-JUL-2017 Confirmed in writing to the party(ies)

Acknowledgment of Receipt received from both parties (by email) with respect to Direction of the Court (Fothergill, J.) dated July 13, 2017. placed on file on 13-JUL-2017

Letter from Defendant dated 14-JUL-2017 re: This letter concerns paragraph 3 of the Supplemental Judgment .. (Scanned to Fothergill, J.) received on 14-JUL-2017

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 10-JUL-2017 directing that "Further to the case management teleconference conducted this day, the parties have clarified for one another and confirmed that there is no matter requiring any action to be taken by the Court or issue relating to the protective order." (NOTE: Sent to parties via email) placed on file on 13-JUL-2017

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 13-JUL-2017 directing that "The Court is in receipt of correspondence dated July 11, 2017 sent on behalf of the parties. The Court directs that the deadlines set in paragraph 4 of the Court's Supplemental Judgment and Reasons dated June 29, 2017 be extended to July 21, 2017 for the parties' submissions on costs, and July 26, 2017 for any submissions in reply." placed on file on 13-JUL-2017 Confirmed in writing to the party(ies)

Toronto 10-JUL-2017 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The parties settled the dispute at issue as between themselves. held in chambers Duration per day: 10-JUL-2017 from 11:00 to 11:05 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 5min Appearances: Mr. Garland 613-232-2486 representing Plaintiff Mr. McIntosh 416-957-1677 representing Defendant Minutes of Hearing entered in Vol. 978 page(s) 156 - 157 Abstract of Hearing placed on file

Letter from Plaintiff (on behalf of all parties) dated 11-JUL-2017 "In view of the schedules of counsel, a brief extension of time will be required for the parties to prepare their respective costs submissions. The parties respectfully request that the due dates provided in paragraph 4 of the Court's June 29, 2017 Supplemental Judgement be extended to July 21, 2017 for the parties' costs submissions in chief, and to July 26, 2017 for the parties' costs submissions in reply." -scanned to the Court- received on 11-JUL-2017

e-mail from the defendant's counsel (Mr. MacFalane) advising the Court "Yes we will reply on Monday. Sorry about the delay, it was overlooked with people going on vacation." THE RESPONSE WAS SENT TO MR. JUSTICE FOTHERGILL AND MADAM PROTHONOTARY MILCZYNSKI BY E-MAIL received on 09-JUL-2017

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 07-JUL-2017 directing that "Could the Registry enquire whether Nova intends to respond to Dow's correspondance to the Court of July 7, 2017?" placed on file on 09-JUL-2017 Confirmed in writing to the party(ies)

Letter from plaintiffs dated 07-JUL-2017 As the Court is aware, the Public Supplemental Judgment and Reasons of Justice Fothergill in this matter issued on July 5, 2017. The Judgment provides, amongst other things, the total award that Nove owed......... Accordingly, Dow respectfully requests a direction from the Court that to the extend applicable, Dow is relieved of its Obligations under the protective order in this regard. SCANNED TO JJUSTICE FOTHERGILL received on 08-JUL-2017

Acknowledgment of Receipt received from all parties (by email) with respect to PUBLIC Supplemental Judgment and Reasons dated July 5, 2017. placed on file on 05-JUL-2017

Reasons PUBLIC SUPPLEMENTAL JUDGEMENT AND REASONS dated 05-JUL-2017 rendered by The Honourable Mr. Justice Fothergill Matter considered without personal appearance The Court's decision is with regard to Order dated 07-APR-2017 Result: "THIS COURT'S JUDGMENT is that: 1. Nova shall pay to Dow $644,623,550.00, inclusive of pre-judgment interest to April 7, 2017, together with pre-judgment interest calculated in accordance with this Court's Judgment in Dow v Nova from April 7, 2017 to the date of this Judgment. 2.Nova shall pay to Dow post-judgment interest of 5%, not compounded, from the date of this Judgment. 3. The parties shall file written submissions on the confidentiality of Court File No. T-2051-10 by July 14, 2017, and any reply submissions by July 19, 2017. 4. The parties shall file written submissions on costs, not exceeding ten pages, by July 14, 2017, and any reply submissions, not exceeding three pages, by July 19, 2017." Filed on 05-JUL-2017 copies sent to parties Interlocutory Decision Copy of Reasons for PUBLIC SUPPLEMENTAL JUDGMENT AND REASONS entered in J. & O. Book, volume 1338 page(s) 269 - 278

Letter from Defendant dated 04-JUL-2017 in response to the direction of Justice Fothergill dated June 29, 2017 informing the Court that the Supplemental Judgment and Reasons do not contain any confidential information of Nova and there are no portions which should be redacted or modified before before the Supplemental Judgment and Reasons are issued to the public. Counsel request the registry to provide the undersigned with notice of the public issuance of the Supplemental Judgment and Reasons by telephone as well as e-mail. (sent to Court) received on 04-JUL-2017

Letter from Plaintiff dated 04-JUL-2017 "This is in response to the direction of Justice Forthergill dated June 29, 2017. We can advise that the Supplemental Judgment and Reasons do not contain confidential information of the Plaintiffs, and therefore no portions require redaction or modification from the Plaintiffs' perspective. -scanned to the Court- received on 04-JUL-2017

Memorandum to file from Cynthia Leaver, Actions Section, Ottawa Registry dated 29-JUN-2017 Sent by fax to Milczynski, P., Case Management Judge and Toronto CM Team, a copy of the Direction and Confidential Supplemental Judgment and Reasons of Fothergill, J. dated 29-JUN-2017. Also E-mailed a scanned copy of the Direction to Milczynski, P. and Toronto CM Team, advising that Ottawa Registry will follow-up the urgent deadline cited in the Direction. placed on file.

Acknowledgment of Receipt received from 3 counsel for the parties by urgent fax on 29-JUN-2017 with respect to Direction (ID 1166) and Confidential Supplemental Judgment and Reasons (doc. # 502 ID 1167) of Fothergill, J., dated 29-JUN-2017 placed on file on 29-JUN-2017

Reasons CONFIDENTIAL SUPPLEMENTAL JUDGMENT AND REASONS dated 29-JUN-2017 rendered by The Honourable Mr. Justice Fothergill Matter considered without personal appearance The Court's decision is with regard to Order dated 07-APR-2017 Result: [No details available - this version is CONFIDENTIAL.] Filed on 29-JUN-2017 certified copies sent to 3 counsel for the parties by urgent fax on 29-JUN-2017 Transmittal Letters placed on file. Final Decision Copy of Reasons for CONFIDENTIAL SUPPLEMENTAL JUDGMENT AND REASONS entered in J. & O. Book, volume 1338 page(s) 24 - 33

Written directions received from the Court: The Honourable Mr. Justice Fothergill dated 29-JUN-2017 directing that "THIS COURT DIRECTS that the parties shall inform the Court by close of business on Tuesday, July 4, 2017 whether the Supplemental Judgment and Reasons contain confidential information, and whether any portions should be redacted or modified before the Supplemental Judgment and Reasons are issued to the public." Sent to 3 counsel for the parties by urgent fax on 29-JUN-2017, including a copy of the Confidential Supplemental Judgment and Reasons of Fothergill, J. dated 29-JUN-2017. placed on file on 29-JUN-2017 Confirmed in writing to the party(ies)

Letter from Defendant dated 27-JUN-2017 "(...) In response to the Plaintiffs' solicitors' letter of earlier today, Nova is not requesting that the ultimate global amount that the Court decides should be paid should not be public. (...)" received on 27-JUN-2017

Letter from Plaintiff dated 27-JUN-2017 in response to the letter to the Court dated June 26, 2017, from Nova's counsel, received on 27-JUN-2017

Letter from Defendant: Nova dated 26-JUN-2017 in response to the direction of the court june 21, 2017. received on 26-JUN-2017

Letter from The Dow Chemical Company dated 26-JUN-2017 re: Further to the Direction of the Court dated June 21, 2017. received on 26-JUN-2017

Acknowledgment of Receipt received from Mr. Want, Mr. Evans and Ms. Deborba for Mr. MacFarlane with respect to Direction of the Court (Fothergill, J.) dated June 21, 2017, by email placed on file on 22-JUN-2017

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 21-JUN-2017 directing that "The parties shall inform the Court on or before June 27, 2017 whether their submissions dated June 7, 2017 and June 14, 2017 contain confidential information that should not be disclosed in the forthcoming public supplementary judgment and reasons." placed on file on 21-JUN-2017 Confirmed in writing to the party(ies)

Solicitor's certificate of service on behalf of Michael Burgess confirming service of NOVA's letter dated 14-JUN-2017 with attached Reply Submissions upon Plaintiff by email on 14-JUN-2017 filed on 14-JUN-2017

Letter from Defendant (NOVA Chemicals Corporation) dated 14-JUN-2017 enclosing sealed envelope purporting to contain NOVA's Reply Submissions as per Court's May 24, 2017 Direction (cc: plaintiffs) received on 14-JUN-2017

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of doc. No. 499 upon Defendant by email on 14-JUN-2017 filed on 14-JUN-2017

Sealed envelope pursuant to Protective Order dated June 21, 2011 on behalf of Plaintiff purporting to contain Flash key -Plaintiffs' Responding Written Submissions regarding Final Quantum of Award Filed on 14-JUN-2017

Covering letter from Plaintiff dated 14-JUN-2017 concerning three flash drives containing an electronic copy of the Plaintiffs' written Responding submissions regarding Final Quantum of Award placed on file on 14-JUN-2017

Copy of Notice of Appeal (Appeal Court File No. A-150-17 ) appealing COPY OF NOTICE OF CROSS APPEAL - Judgment of Fothergill, J. dated 7-APR-2017 filed in the Court of Appeal on 18-MAY-2017 on behalf of Defendant (NOVA) placed on file on 08-JUN-2017

Solicitor's certificate of service on behalf of Michael Burgess confirming service of doc. #497 upon Plaintiff by e-mail on 07-JUN-2017 filed on 07-JUN-2017

Sealed envelope pursuant to Protective Order dated 21-JUN-2011 on behalf of the Defendant NOVA Chemicals Corporation purporting to contain USB key containing Defendants submissions relating to April 7, 2017 Judgment Filed on 07-JUN-2017

Letter from Defendant, Nova Chemicals Corporation dated 07-JUN-2017 pursuant to Courts' Direction dated May 24, 2017 enclosing Nova's submission in chief realtd to the outstanding issues, provided electronically on USB keys (confidential financial information) cc to Plaintiffs received on 07-JUN-2017

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of Doc. No. 495 upon Defendant by personal service on 07-JUN-2017 filed on 07-JUN-2017

Sealed envelope pursuant to Protective Order dated June 21, 2011 on behalf of Plaintiff, Dow Chemical purporting to contain Flash drives (USB) containing written submissions of the Plaintiff regarding final Quantum of Awarrd pursuant to April 7, 2017 judgment Filed on 07-JUN-2017

Letter from Plaintiff, Dow Chemical dated 07-JUN-2017 enclosing written submissions to be filed electronically (regarding Final Quantum of Award pursuant to April 7, 2017 Judgment received on 07-JUN-2017

Letter from Defendants (confidential) dated 05-JUN-2017 in respect to court directions on 24-MAY-2017 regarding issue #4 with proof of service upon Plaintiff on 05-JUN-2017 received on 05-JUN-2017

Ottawa 24-MAY-2017 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Case Management Conference to discuss the letter submitted by the Defendant's counsel on May 12th, 2017 Result of Hearing: . held in chambers by way of Conference Call Duration per day: 24-MAY-2017 from 16:17 to 16:43 Courtroom : Judge's Chambers - Ottawa Court Registrar: Marc Medas Total Duration: 26 mins Appearances: Mr. Jeremy Want, Mr. Colin Ingram, Mr. Daniel Davies, Mr. Steven Garland (613)232-2486 representing the Plaintiffs Mr. Robert MacFarlane (416)957-1616 representing Defendant Comments: Counsel are to submit written submissions (15 pages in length) by June 7th, 2017 concerning the first 3 issues in the May 12th, 2017 letter. Reply submissions are to be submitted by June 14th, 2017. Counsel for the Defendants have until June 5th, 2017 to advise the Court whether or not issue #4 in the May 12th, 2017 letter will be pursued. Minutes of Hearing entered in Vol. 975 page(s) 310 - 312 Abstract of Hearing placed on file

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 19-MAY-2017 directing that Case Management Conference to schedule for Wednesday 24-May-2017 4:00PM by teleconference from Ottawa chambers,duration 1 hour. Parties confirmed their participation. JA and SRO,Actions Ottawa advised. placed on file on 19-MAY-2017

MEMORANDUM TO CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing a copy of the Notice of Appeal filed 5-MAY-2017 in Federal Court of Appeal file A-150-17, re: Defendant's appeal of the Judgment of Fothergill, J. dated 7-APR-2017. Sent by internal mail on 16-MAY-2017. placed on file on 16-MAY-2017

Copy of Notice of Appeal (Appeal Court File No. A-150-17 ) appealing the Judgment of Fothergill, J. dated 7-APR-2017 filed in the Court of Appeal on 05-MAY-2017 on behalf of Defendant placed on file on 16-MAY-2017

Sealed envelope pursuant to Order 21-Jun-2011 on behalf of Defendant,Nova Chemicals purporting to contain Letter pursuant to Judgment dated 7-Apr-2017 par.8, and Order 25-Apr-2017 Received on 12-MAY-2017

MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing a certified copy of Order doc. 494 of Fothergill, J., dated 25-APR-2017. Sent by internal mail on 26-APR-2017. placed on file on 26-APR-2017

Acknowledgment of Receipt received from 2 counsel for the parties by fax on 25-APR-2017 with respect to Order doc. 494 of Fothergill, J., dated 25-APR-2017 placed on file on 25-APR-2017

Order dated 25-APR-2017 rendered by The Honourable Mr. Justice Fothergill Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant on behalf of all parties with consent (ID 1137) dated 21-APR-2017 Result: "THIS COURT ORDERS that: 1. Paragraph 8 of the Confidential Judgment dated April 7, 2017 and paragraph 8 of the Public Judgment dated April 19, 2017 are hereby varied to provide that: The parties shall exchange calculations of damages and profits payable by Nova to Dow pursuant to this Judgment by April 28, 2017, and shall inform the Court whether there are any matters that require resolution within fourteen (14) days thereafter." Filed on 25-APR-2017 certified copies sent to 2 counsel for the parties by fax on 25-APR-2017 Transmittal Letters placed on file. entered in J. & O. Book, volume 1332 page(s) 340 - 341 Interlocutory Decision

Payment of Court fees (ARV #1606) for the abount of $2,275 received from Bereskin & Parr placed on file on 20-APR-2017

Letter from Defendant dated 20-APR-2017 re: extension of time further to para. 8 of the Judgment issued on April 7, 2017 received on 21-APR-2017

Consent on behalf of all parties to the issuance of an Order in the form attached hereto as Schedule "A" varying paragraph 8 of the Judgment dated April 7, 2017 by extending the due date for the parties to exchange calculations of damages and profits payable by Nova to Dow pursuant to the Judgment. filed on 21-APR-2017

Acknowledgment of Receipt received from Plaintiffs/Defendants by counterclaim (Ryan T. Evans/DLA PIPER) with respect to PUBLIC JUDGMENT AND REASONS, rendered by the Court(Forthergill, J) placed on file on 19-APR-2017

Acknowledgment of Receipt received from Plaintiffs/Defendants by counterclaim (Steven B. Garland/Smart&Biggar) with respect to PUBLIC JUDGMENT AND REASONS rendered by the court (Forthergill, J) placed on file on 19-APR-2017

Reasons (PUBLIC JUDGEMENT AND REASONS) dated 19-APR-2017 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Reference (s.18.3) Result: please see attached decision Filed on 19-APR-2017 copies sent to parties Final Decision Certificate of Judgment entered in J. & O. Book, volume 1332 page(s) 139 - 141

Letter from Defendant dated 18-APR-2017 re: Direction of the Court (Fothergill, J.) dated April 7, 2017. -scanned to the Court- received on 18-APR-2017

Letter from Plaintiff dated 11-APR-2017 re: Further to the Direction of Fothergill, J. of April 7, 2017... received on 11-APR-2017

Payment of Court fees (ARV#1605) for the amount of $2,275.00 received from Smart and Biggar on April 11, 2017

Acknowledgment of Receipt received from all parties with respect to the Confidential Judgment and Direction. (via fax) placed on file on 07-APR-2017

Written directions received from the Court: The Honourable Mr. Justice Fothergill dated 07-APR-2017 directing that "This Court directs that the parties shall, within ten (10) days of the date of the Confidential Judgment and Reasons, inform the Court whether any portions of the Confidential Judgment and Reasons should be redacted or modified before the Public Judgment and Reasons are issued." placed on file on 07-APR-2017

CONFIDENTIAL Judgment and Reasons dated 07-APR-2017 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Reference (s.18.3) Result: \ Filed on 07-APR-2017 entered in J. & O. Book, volume 1331 page(s) 113 - 116 Interlocutory Decision

Request for payment of Court fees (ARV#1606) for the amount of $2,275.00 sent to Bereskin & Parr LLP on March 31, 2017

Request for payment of Court fees (ARV#1605) for the amount of $2,275.00 sent to Smart and Biggar on March 31, 2017

Letter from Defendant dated 15-FEB-2017 "...This letter is regarding the recent decision of the Federal Court of Appeal in Apotex v. ADIR, 2017 FCA 23 mentioned in counsel for the Plaintiffs' letter of February 13, 2017. The decision of the Federal Court in ADIR v. Apotex Inc., 2015 FC 721 that was under appeal is cited in the Defendant's closing submissions at paragraphs 104 (apportionment), 252 (costs)m 296-297 (pre-judgment interest rate on profits one profits), and 308 (after tax profits on profits). Of these, only apportionment was in issue on the appeal, and the Federal Court of Appeal at paragraphs 72-74 affirmed the statement of principle in paragraph 104 of the Defendant's submissions..." (Scanned to Fothergill, J.) received on 15-FEB-2017

MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver enclosing copy of JUDGMENT and copy of REASONS FOR JUDGMENT in Federal Court of Appeal file A-43-16, dated 6-FEB-2017. Sent by internal mail on 13-FEB-2017. placed on file on 13-FEB-2017

Copy of JUDGMENT and copy of REASONS FOR JUDGMENT in Federal Court of Appeal file dated 06-FEB-2017 rendered by The Honourable Madam Justice Dawson The Honourable Mr. Justice Rennie The Honourable Madam Justice Woods placed on file. Original filed on Court File No. A-43-16

Letter from co-counsel for the Plaintiffs dated 13-FEB-2017 "We are writing to provide an update to the Court on one of the Federal Court decisions referenced in the Closing Argument of the Plaintiffs. In particular, the Federal Court of Appeal recently issued a decision in Apotex v. ADIR, 2017 FCA 23 on appeal from ADIR v. Apotex Inc, 2016 FC 721, which is referenced in the closing argument of the Plaintiffs at paragraph 58 and 291, as well as footnotes 53, 56, 59, 60, 295 and 300." (Scanned to Fothergill, J.) received on 13-FEB-2017

Toronto 05-DEC-2016 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Reference (s.18.3) Result of Hearing: Matter reserved held in Court Senior Usher: John Grice 05-DEC-2016 John Grice 06-DEC-2016 John Grice 07-DEC-2016 John Grice 08-DEC-2016 John Grice 09-DEC-2016 Doug Duff 12-DEC-2016 Doug Duff 13-DEC-2016 Doug Duff 14-DEC-2016 Doug Duff 15-DEC-2016 Doug Duff 16-DEC-2016 John Doherty 19-DEC-2016 John Doherty 20-DEC-2016 John Doherty 21-DEC-2016 John Doherty 22-DEC-2016 John Doherty 11-JAN-2017 John Doherty 12-JAN-2017 13-jan-2017 Duration per day: 05-DEC-2016 from 09:30 to 16:58 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 06-DEC-2016 from 09:05 to 16:30 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 07-DEC-2016 from 09:30 to 15:55 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 08-DEC-2016 from 09:35 to 16:35 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 09-DEC-2016 from 09:38 to 16:35 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 12-DEC-2016 from 14:15 to 17:23 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 13-DEC-2016 from 09:02 to 16:40 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 14-DEC-2016 from 09:08 to 16:35 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 15-DEC-2016 from 09:05 to 16:32 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 16-DEC-2016 from 09:06 to 15:48 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 19-DEC-2016 from 09:30 to 16:40 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 20-DEC-2016 from 09:30 to 15:45 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 21-DEC-2016 from 09:30 to 16:35 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 22-DEC-2016 from 09:00 to 15:20 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 11-JAN-2017 from 09:35 to 12:10 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 12-JAN-2017 from 09:33 to 15:00 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick 13-JAN-2017 from 09:30 to 16:20 Courtroom : Courtroom No. 4-D - Toronto Court Registrar: John Gornick Total Duration: 17 days Appearances: Mr. Steven Garland/Mr. Daniel Davies/Mr. Jeremy Want/Mr. Colin Ingram/ 613-232-2486 representing Plaintiffs Mr. Kevin Graham 613-232-2486 representing Plaintiffs Mr. Ryan Evans 416-862-3368 representing Plaintiffs Mr. Michael Charles/Mr. Jerry Chen/Mr. Michael Burgess/Mr. Robert MacFarlane 416-364-7311 representing Defendant Mr. Adam Bobker/Mr. Andrew I. McIntosh 416-364-7311 representing Defendant Documents filed at hearing: 485 486 Exhibits filed at hearing: Exhibits PR1 to PR364, DR1 to DR361 Witness(es) on behalf of Plaintiff Mr. Christopher Thomson 22514 Stormcroft LN, Katy TX 77450 U.S.A. on behalf of Plaintiff Mr. Gregory Michael Bunker 29 Holdhill Avenue, Singapore 309016 on behalf of Plaintiff Mr. Thomas J. Dunn 1872 Olde Village Run. Atlanta GA 30338, U.S.A. on behalf of Plaintiff Mr. Gregory Leonard 115 Ericson Rd. Hillsborough, CA U.S.A. on behalf of Plaintiff Mr. Ross Hamilton 2 Eastview Cres. Toronto, ON on behalf of Defendant Mr. Eric Charles Kelusky 3585 Yacht Harbour Rd. ON L0S 1N0 on behalf of Defendant Mr. Mark Kay 133 Presere Valley Dr. Calgary, AB T3H 5T6 on behalf of Defendant Ms. Debra van Holst 1530 Red Fern Dr. Pittsburgh, PA on behalf of Defendant Mr. Daryll Harrison 105 Discovery Ridge, Terrace S.W. Calgary AB T3H 5T6 on behalf of Defendant Mr. Larry MacDonald 202-1027 1st Avenue N.W. Calgary, AB T2N 0A8 on behalf of Defendant Mr. Rocky Vermani 250 Discovery Ridge Terrace SW Calgary, AB T3H 5T6 on behalf of Defendant Dr. Randal Heeb 1510 Laburnum St. McLean, Virginia, USA on behalf of Defendant Mr. John

Letter from Plaintiffs dated 20-JAN-2017 and enclosing one USB key containing the Plaintifs' Closing Submissions and Reply Closing Submissions with hyperlinks to the cases and evidentiary references contained in the footnotes and that this USB key is to complete the Court's Toronto file and that 2 additional USB keys have been filed in Ottawa to the attention of J. Fothergill and also enclosing a separate USB key in a sealed envelope containing a copy of Exhibit PR268.(USB key with closing submissions to stay in Toronto and USB key with Exhibit PR268 will be sent to Ottawa with the other Exhibits.) received on 20-JAN-2017

Covering letter from plaintiff to J. Fothergill dated 20-JAN-2017 concerning USB keys containing the Plaintiffs' Closing Submissions, as requested by the court placed on file on 20-JAN-2017

Transcript of hearing held on January 13, 2017;No paper copy, just in electronic form received on 16-JAN-2017 Sent directly to presiding Judge 157 pages (including covering pages).

Transcript of held at Toronto on January 12, 2017-No paper copy, just in electronic form received on 13-JAN-2017 Sent directly to presiding Judge 152 pages (including covering pages).

Transcript of held on January 11/17-No paper copy, just in electronic form received on 12-JAN-2017 Sent directly to presiding Judge 66 pages (including covering pages).

Solicitor's certificate of service on behalf of Michael Burgess confirming service of the Defendant's Reply Closing Submisssions, Compendium and Supplementary Book of Authorities upon Plaintiffs by email and by hand on 12-JAN-2017 filed on 12-JAN-2017

Solicitor's certificate of service on behalf of Kevin K. Graham confirming service of Closing Argument of Plaintiffs: Schedule 1, Schedule 2, Plaintiffs Compendium, Plaintiffs Book of authorities upon Defendant by Paper copies delivered by hand on 10-JAN-2017 filed on 11-JAN-2017

Solicitor's certificate of service on behalf of Kevin K. Graham confirming service of the Closing Argument of the Plaintiffs;Schedule 1(Dow's Statement of Issues) Schedule 2(Brief of Nova Discovery Excerpts);Plaintiffs' Compendium & Auth. upon Defendant by electronic copy delivered by hand on 09-JAN-2017 filed on 09-JAN-2017

Sealed envelope pursuant to Protective Order dated June 21, 2011 amended by Order dated March 11, 2013 on behalf of Plaintiffs purporting to contain USB key containing 1)Plaintiffs' Closing Argument 2) Plaintiffs' Book of Authorities 3)Plaintiffs' Compendium Footnotes 4)Plaintiffs' Schedules received at hearing on 13-JAN-2017

Solicitor's certificate of service on behalf of Michael Burgess confirming service of a USB key containing NOVA Chemicals Corporation's Closing submissions (Chief and Reply) with hyperlinks to the evidence and authorities upon Plaintiffs Smart and Biggar and Plaintiffs DLA Piper by hand to DLA Piper and courier to Smart & Biggar on 17-JAN-2017 filed on 17-JAN-2017

Letter from Defendant dated 17-JAN-2017 discussing USB keys containing hyperlinked versions of the closing submissions and enclosing a separate sealed envelope stapled to the letter containing a USB key containing NOVA's closing submissions(chief and reply) with hyperlinks to the evidence and authorities cited therin. received on 17-JAN-2017

Def'sbook of auth.RE:Plaintiffs' Objection to Expert-E.Kelusky-Rec'd hearing consisting of 1 volume(s) on behalf of Defendant received on 09-DEC-2016 Sent directly to Presiding Judge

Law on Qualification as An Expert received at hearing on 09-DEC-2016

Plaintiffs' Book of Authorities to the Reply Argument of the Plaintiffs consisting of 1 volume(s) on behalf of Plaintiffs - Received at Hearing received on 13-JAN-2017 Sent directly to Presiding Judge

Sealed envelope pursuant to Protective Order dated June 21, 2011 as amended on March 11, 2013 on behalf of Plaintiffs purporting to contain Plaintiffs Compendium - 2 Volumes received at hearing on 13-JAN-2017

Supplemental Book of Authorities -Received at Hearing consisting of 1 volume(s) on behalf of Defendant received on 12-JAN-2017 Sent directly to Presiding Judge

Sealed envelope pursuant to Protected Order dated June 21, 2011 amended March 11, 2013 on behalf of Defendant purporting to contain Compendium (Nova Chemicals Corporation's Reply Closing Submissions) received at hearing on 12-JAN-2017

Sealed envelope pursuant to Protective Order dated June 21, 2011, amended March 11, 2013 on behalf of Defendant purporting to contain Nova Chemicals Corporation's Reply Closing Submissions Filed at hearing on 12-JAN-2017

Sealed envelope pursuant to Protective Order dated June 21, 2011 amended March 11, 2013 on behalf of Plaintiff purporting to contain Reply Argument of the Plaintiffs Filed at hearing on 12-JAN-2017

Sealed envelope pursuant to Protective Order dated June 21, 2011 as amended on March 11, 2013 on behalf of Plaintiffs purporting to contain Plaintiffs Compendium - 6 volumes Received on 09-JAN-2017

Book of Authorities consisting of 4 volume(s) on behalf of Plaintiffs received on 09-JAN-2017 Sent directly to Presiding Judge

Sealed envelope pursuant to Protective Order dated June 21, 2011, amended Mar.11, 2013 on behalf of Plaintiff purporting to contain Closing Argument of the Plaintiffs in one sealed envelope which also include Schedule 1 to Closing Argument of the Plaintiffs-not sealed and Schedule 2 to closing argument of Plaintiffs in separate sealed envelope Filed on 09-JAN-2017

Solicitor's certificate of service on behalf of Michael Burgess confirming service of doc. 482, defendant's book of authorties and defendant`s 5 volume compendium upon Plaintiff by email and personal service on 09-JAN-2017 filed on 09-JAN-2017

Sealed envelope pursuant to order dated 21-JUN-2011 on behalf of Defendant purporting to contain defendant's compendium to closing submissions (5 VOLUMES) Received on 09-JAN-2017

Book of Authorities consisting of 2 volume(s) on behalf of Defendant received on 09-JAN-2017

Sealed envelope pursuant to order dated 21-JUN-2011 on behalf of Defendant purporting to contain defendant closing submissions Filed on 09-JAN-2017

Book of Documents and Authorities (Opening Statement of Nova Chemicals) consisting of 1 volume(s) on behalf of Defendant - Received at Hearing received on 05-DEC-2016

Sealed envelope pursuant to protective order dated June 21, 2011 on behalf of Defendant purporting to contain Nova Chemicals Corporation's Opening Remarks received at hearing on 05-DEC-2016

Sealed envelope pursuant to Protective Order dated June 21, 2011, amended Mar.11, 2013 on behalf of Plaintiffs purporting to contain Agreement re Joint book documents and USB key containing joint book of documents received at hearing on 05-DEC-2016

Sealed envelope pursuant to protective Order dated June 21, 2011, amended Mar.11, 2013 on behalf of Plaintiffs purporting to contain Brief of Dow's Opening Submissions received at hearing on 05-DEC-2016

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 22-DEC-2016 directing that Closing Submissions are due by January 9, 2017 and not to exceed 100 pages and reply submissions not to exceed 20 pages due the morning of closing submissions, January 12, 2017 received at hearing on 22-DEC-2016

Transcript of hearing held at Toronto on Dec.22/16. No paper copy, just in electronic form received on 23-DEC-2016 Sent directly to presiding Judge 178 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.21/16. No paper copy, just in electronic form received on 22-DEC-2016 Sent directly to presiding Judge 187 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.20/16. No paper copy, just in electronic form received on 21-DEC-2016 Sent directly to presiding Judge 206 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.19/16. No paper copy, just in electronic form received on 20-DEC-2016 Sent directly to presiding Judge 192 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.16/16. No paper copy, just in electronic form received on 19-DEC-2016 Sent directly to presiding Judge 190 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.15/16. No paper copy, just in electronic form received on 16-DEC-2016 Sent directly to presiding Judge 210 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.14/16. No paper copy, just in electronic form received on 15-DEC-2016 Sent directly to presiding Judge 191 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.13/16. No paper copy, just in electronic form received on 14-DEC-2016 Sent directly to presiding Judge 218 pages (including covering pages).

Transcript of hearing held at Toronto on Dec.12/16. No paper copy, just in electronic form received on 13-DEC-2016 Sent directly to presiding Judge 98 pages (including covering pages).

Transcript of hearing held at Toronto on Dec. 9/16. No paper copy, just in electronic form received on 12-DEC-2016 Sent directly to presiding Judge 192 pages (including covering pages).

Transcript of hearing held at Toronto on Dec. 8/16, no paper copy, just in electronic form received on 09-DEC-2016 Sent directly to presiding Judge 176 pages (including covering pages).

Transcript of hearing held at Toronto on Dec. 7/16, No paper copy, just in electronic form received on 08-DEC-2016 Sent directly to presiding Judge 167 pages (including covering pages).

Transcript of hearing held at Toronto on Dec. 6/16, No paper copy, just in electronic form received on 07-DEC-2016 Sent directly to presiding Judge 208 pages (including covering pages).

Transcript of hearing held at Toronto on Dec. 5/16, No paper copy,just in electronic form received on 06-DEC-2016 Sent directly to presiding Judge 215 pages (including covering pages).

Acknowledgment of Receipt received from 3 counsel by fax on 2-DEC-2016 with respect to Corrections to P.1 + 18 of the Reasons for Judgment and Judgment of O'Keefe, J. dated 22-JAN-2016, corrected on 2-DEC-2016. placed on file on 02-DEC-2016

Corrections to page(s) 1 18 of the Reasons of The Honourable Mr. Justice O'Keefe that were dated 22-JAN-2016 received on 02-DEC-2016 Corrected pages sent to 3 counsel by fax on 2-DEC-2016

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of doc 480 upon Defendant by email on consent on 02-DEC-2016 filed on 02-DEC-2016

Supplementary Trial Record on behalf of Plaintiff filed on 02-DEC-2016

Letter from Plaintiff dated 30-NOV-2016 Further to our letter dated 28-Nov-2016 enclosed are paper copies of plaintiffs expert reports, for attention of the Reference Judge received on 30-NOV-2016

Toronto 31-OCT-2016 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 452 on behalf of Plaintiff Result of Hearing: Refusal Motion - See minutes/order for details held in Court Duration per day: 31-OCT-2016 from 09:30 to 12:00 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Christopher Garito Total Duration: 2.5h Appearances: Mr. Want 613-232-2486 representing Plaintiff Michael Burgess 416-957-1627 representing Defendant Minutes of Hearing entered in Vol. 962 page(s) 481 - 483 Abstract of Hearing placed on file

Letter from Plaintiffs dated 29-NOV-2016 asking that this letter be brought to J.Fothergill and writing in response to counsel for the Defendant's letter of yesterday filing electronic copies of the Defendant's Expert Reports. received on 29-NOV-2016

Sealed envelope pursuant to protective order dated June 21, 2011 and amended March 11, 2013 on behalf of Plaintiffs purporting to contain Plaintiffs' Expert Reports (electronic copies on CD-Rom) 1 CD Rom Received, kept in Toronto Received on 28-NOV-2016

Acknowledgment of Receipt received from all parties (via email confirmation) with respect to docs. 475, 476, 477, 478 and 479 placed on file on 29-NOV-2016

Order dated 28-NOV-2016 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 452 Result: granted in part Filed on 28-NOV-2016 copies sent to parties entered in J. & O. Book, volume 1320 page(s) 111 - 113 Interlocutory Decision

Order dated 28-NOV-2016 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 447 Result: granted in part Filed on 28-NOV-2016 copies sent to parties entered in J. & O. Book, volume 1320 page(s) 104 - 108 Interlocutory Decision

Order dated 28-NOV-2016 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 416 Result: granted in part Filed on 28-NOV-2016 copies sent to parties entered in J. & O. Book, volume 1320 page(s) 88 - 92 Interlocutory Decision

Order dated 28-NOV-2016 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 413 Result: granted in part Filed on 28-NOV-2016 copies sent to parties entered in J. & O. Book, volume 1320 page(s) 75 - 78 Interlocutory Decision

Order dated 28-NOV-2016 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 370 Result: granted in part Filed on 28-NOV-2016 entered in J. & O. Book, volume 1320 page(s) 58 - 67 Interlocutory Decision

Letter from Plaintiffs dated 28-NOV-2016 asking that this etter be brought to J. Fothergill and enclosing a CD which contain the Plaintiffs' Expert Reports Forwarded to J. Fothergill received on 28-NOV-2016

Letter from Defendant dated 28-NOV-2016 to bring this letter & accompanying 3 sealed expert reports to the attention of J. Fothergill for hearing starting on Dec. 5, 2016 and also enclosing a USB key containing electronic copies of the above reports received on 28-NOV-2016

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of Doc. # 473 upon Defendant by email on 23-NOV-2016 filed on 23-NOV-2016

Notice of change of solicitor on behalf of Plaintiffs filed on 23-NOV-2016

Letter from Plaintiff dated 23-NOV-2016 and enclosing a Notice of Change of Solicitor and Proof of Service and discussing the appointed solicitor of record for the Plaintiffs received on 23-NOV-2016

Toronto 16-NOV-2016 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Case Management Conference Result of Hearing: Hearing will be extended to December 22, 2016 then reconvene for 3 more days on January 11, 12, 13, 2016 held by way of Conference Call in chambers Duration per day: 16-NOV-2016 from 04:00 to 04:45 Courtroom : Judge's Chambers - Toronto Court Registrar: John Gornick Total Duration: 45 min Appearances: Mr. Steven Garland 613-232-2486 x 1258 representing Plaintiffs Mr. Daniel Davies 613-232-2486 x 1258 representing Plaintiffs Mr. Jeremy Want 613-232-2486 x 1258 representing Plaintiffs Mr. Colin Ingram 613-232-2486 x 1258 representing Plaintiffs Mr. Ryan Evans 416-862-3368 representing Plaintiffs Mr. Michael Charles 416-957-1670 representing Defendant Mr. Jerry Chen 416-957-1670 representing Defendant Mr. Andrew McIntosh 416-957-1670 representing Defendant Mr. Michael Burgess 416-957-1670 representing Defendant Mr. Robert MacFarlane 416-456-8566 representing Defendant Comments: Backup Recorder used at this hearing - Computer # Z006205 The Hearing will be extended to December 22, 2016 then reconvene on January 11, 12, 13 for 3 more days The Court has requested a printed calendar with names of witnesses and days by November 28, 2016 Electronic copies of the documents to be sent to the Court The Court maintains the direction of Prothonotary Milcznyski, but Nova can apply for a direction Minutes of Hearing entered in Vol. 962 page(s) 52 - 54 Abstract of Hearing placed on file

Letter from Mr. Garland for the Plaintiffs dated 16-NOV-2016 clarifying the Defendant's letter dated November 16, 2016. Fowarded to J. Fothergill received on 16-NOV-2016

Letter from Defendant dated 16-NOV-2016 to bring this letter to the attention of J. Fothergill for the trial management call this afternoon at 4 p.m. and discusses yesterday's letter from the Plaintiffs - Forwarded to J. Fothergill received on 16-NOV-2016

Pre-Trial Schedule Agreed to by the Parties and Schedule of Reference Witnesses - Forwarded to J. Fothergill filed on 15-NOV-2016

Letter from Mr. Garland for the Plaintiffs dated 15-NOV-2016 to bring this letter to the attention of the Reference Judge, J.Fothergill in advance of the trial management call scheduled for Nov.16, 2016 at 4 p.m. and discussing further issues received on 15-NOV-2016

Letter from Plaintiff dated 09-NOV-2016 requesting a further minor amendment to the scheduling Order dated 14-MAR- 2016, to extend the deadline for the filing of expert reports from November 10, 2016 to November 14, 2016 (cc'd to D's counsel) received on 09-NOV-2016

Acknowledgment of Receipt received from Plaintiff/Defendant (sent by fax) with respect to Order doc 471 placed on file on 14-NOV-2016

Order dated 14-NOV-2016 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 461 Result: granted Filed on 14-NOV-2016 copies sent to parties entered in J. & O. Book, volume 1318 page(s) 368 - 369 Interlocutory Decision

Covering letter from the Plaintiffs dated 09-NOV-2016 concerning Doc. Nos. 469 470 placed on file on 09-NOV-2016

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of the Plaintiffs' Motion Record (Doc. No. 469) upon Defendant by e-mail on 09-NOV-2016 filed on 09-NOV-2016

Motion Record containing the following original document(s): 467 468 Number of copies received: 3 on behalf of Plaintiff filed on 09-NOV-2016

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 466 filed on 09-NOV-2016

Affidavit of Michael S. Duscheneau sworn on 09-NOV-2016 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 466 with Exhibits A to H filed on 09-NOV-2016

****** CANCELLED ****** Notice of Motion which was already filed (e-filed) See doc. No. 459 contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order for leave to call a total of seven expert witnesses received on 09-NOV-2016

Communication to the Court from the Registry dated 09-NOV-2016 re: 369 motion doc 461 sent for disposition

Affidavit of service of Lori-Anne Deborba sworn on 08-NOV-2016 on behalf of Defendant confirming service of doc 464 upon Plaintiff by e-mail on 07-NOV-2016 filed on 07-NOV-2016

Letter from Defendant to Federal Court dated 07-NOV-2016 Cover letter with regards to their motion for leave to call 6 witnesses. received on 07-NOV-2016

Motion Record containing the following original document(s): 461 462 463 Number of copies received: 3 on behalf of Defendant filed on 07-NOV-2016

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 461 filed on 07-NOV-2016

Consent on behalf of Defendant Plaintiff to doc 461 filed on 07-NOV-2016

Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be dealt with in the Toronto local office for an Order for leave for NOVA to call 6 expert wirnesses in this action. filed on 07-NOV-2016 Draft Order\\Judgment received.

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of doc. 459 upon Defendant by email on 04-NOV-2016 filed on 07-NOV-2016

Letter from Plaintiff dated 04-NOV-2016 "We are writing pursuant to Rule 52.5 of the Federal Court rules to object to Dr. Eric Kelusky testifying as an expert on this reference. For the reasons set out below, it is respectfully submitted that Dr. Kelusky is not able to meet the requirements of providing the Court with fair, objective an non-partisan opinion evidence." received on 07-NOV-2016

Notice of Motion on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order granting Dow leave to call a total of seven expert witnesses in this proceeding for the liability phase and quantification phase filed on 07-NOV-2016

Letter from Plaintiff dated 04-NOV-2016 advising that they are seeking an Order to allow Dow to call a seventh expert witness and in light of the deadline for filing reports by November 10, 2016, they felt it best to put the Court on notice that there may be a contested motion on this issue - notice of motion and solicitor's certificate of service enclosed (cc'd to D's counsel) received on 07-NOV-2016

MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing a copy of the Discontinuance filed 12-OCT-2016 in Federal Court of Appeal file A-229-16, on behalf of the Plaintiffs. Sent by internal mail on 31-OCT-2016. placed on file on 31-OCT-2016

Copy of Plaintiffs' Notice of Discontinuance filed in Federal Court of Appeal file on 12-OCT-2016. placed on file on 31-OCT-2016 Original filed on Court File No. A-229-16

Covering letter from Plaintiff dated 26-OCT-2016 concerning Doc. Nos. 457 458 placed on file on 26-OCT-2016

Solicitor's certificate of service on behalf of Daniel Whalen confirming service of Doc#457 upon Defendant by courier on 26-OCT-2016 filed on 26-OCT-2016

Trial Record (REFERENCE TO BE HEARD ON DECEMBER 5, 2016 FOR 12 DAYS) (2 VOLUMES) filed on 26-OCT-2016

Solicitor's certificate of service on behalf of Andrew I. McIntosh confirming service of Doc 455 upon Plaintiff by email on 27-OCT-2016 filed on 27-OCT-2016

Sealed envelope pursuant to Order dated 11-MAR-2013 on behalf of Defendant purporting to contain Motion Record of the Defendant (Plaintiffs' Motion to Compel Answers) Filed on 27-OCT-2016

Toronto 24-OCT-2016 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Dow's refusal motion will be heard on October 31, 2016 at 10:00. All material to be served and filed no later than October 27 at 4:00pm. held in chambers Duration per day: 24-OCT-2016 from 11:15 to 11:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Jeremy Want 613-232-2486 representing Plaintiff Ms. McIntosh 416-957-1677 representing Defendant Minutes of Hearing entered in Vol. 960 page(s) 207 - 208 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Daniel Davies confirming service of Doc 453 upon Defendant by email on consent on 24-OCT-2016 filed on 24-OCT-2016

Sealed envelope pursuant to protective order dated 11-MAR-2016 on behalf of Plaintiff purporting to contain Plaintiffs' Motion Record (motion to compel answers) Filed on 24-OCT-2016

*CONFIDENTIAL* Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 31-OCT-2016 to begin at 10:00 for an Order requiring Nova to answer outstanding questions (Schedule A) and other relief filed on 24-OCT-2016

Acknowledgment of Receipt received from Plaintiffs and Defendant by email confirmation with respect to Oral direction of Justice Fothergill dated September 7, 2016 placed on file on 07-OCT-2016

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 07-OCT-2016 directing that "The Court is in receipt of correspondence from counsel for the Plaintiffs on behalf of all parties advising that they have been successful in narrowing the remaining issues for trial. The parties propose that the remainging issues be heard together with the Reference on the accounting of profits scheduled to be heard from December 5 to 20, 2016. At a case management conference today, counsel for the parties propossed, in the alternative, that the remaining trial issues be addressed in a single day following the eschange of written submissions. In light of these considerations, the Court directs as follows: 1. The hearing dates previously scheduled for October 13 and 14, 2016 are vacated; 2. The parties will advise the Court if they consider it advantageous to resolve the remaining trial issues before the Reference scheduled for December 5 to 20, 2016, and will file written submissions to further narrow the issues and ensure that the hearing may be completed in a single day on a date to be set by the Court; 3. Otherwise, the remaining trial issues will be heard in the course of the Reference scheduled for December 5 to 20." placed on file on 07-OCT-2016 Confirmed in writing to the party(ies)

Toronto 07-OCT-2016 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Case Management Conference Result of Hearing: The hearing date of October 13-14, 2016 will be vacated. The parties will file written submissions and advise the Court if a signle day is required otherwise the remaining trial issues will be heard at the Trial scheduled for December 5-20, 2016. A direction will be issued confirming the outcome of the Case Management Conference. held by way of Conference Call Duration per day: 07-OCT-2016 from 01:30 to 01:45 Courtroom : Judge's Chambers - Toronto Court Registrar: John Gornick Total Duration: 15min Appearances: Mr. Steve Garland 613-232-2486 representing Plaintiffs Mr. Daniel Davies 613-232-2486 representing Plaintiffs Mr. Colin Ingram 613-232-2486 representing Plaintiffs Mr. Ryan Evans 647-288-9544 representing Plaintiffs Mr. Michael Charles 416-957-1677 representing Defendant Mr. Andrew McIntosh 416-957-1677 representing Defendant Mr. Jerry Chen 416-957-1603 representing Defendant Comments: DARS not used at this hearing per Court's discretion Oral Direction confirming the outcome of today's case management conference to be issued shortly Minutes of Hearing entered in Vol. 959 page(s) 151 - 152 Abstract of Hearing placed on file

Letter from Plaintiffs dated 07-OCT-2016 submitted on behalf of both parties to be brought to the Attention of J. Fothergill, writing in respect to the hearing scheduled to take place on October 13-14, 2016 and informing the Court that the parties have agreed to reduce the number of issues in dispute at the upcoming hearing and the parties expect a hearing of less than one full day will be required and in view of the above, the court mayh consider it more efficient to hear the remaining issues at the reference hearing scheduled to begin on December 5, 2016 and alternatively, the parties could proceed on either of the currently scheduled trial dates, but would prefer proceeding only on October 14, 2016, if convenient for the Court. Forwarded to J. Fothergill received on 07-OCT-2016

Oral directions received from the Court: The Honourable Mr. Justice Fothergill dated 04-OCT-2016 directing that ON MONDAY OCTOBER 3, 2016, THE COURT DIRECTS THE FOLLOWING: "The Trial Management Conference currently scheduled for Tuesday, October 4 at 10:00am is cancelled at the request of the parties. The parties shall advise the Court if a Trial Management Conference is required prior to the scheduled trial dates of October 13 and 14, 2016." placed on file on 04-OCT-2016 Confirmed in writing to the party(ies)

Letter from PLAINTIFFS dated 03-OCT-2016 ...TO ATTENTION OF FOTHERGILL, J...WITH CONSENT OF DEFENDANT REQUEST TO POSTPONE TMC SCHEDULED 4-OCT-2016 AT 10:00am... received on 03-OCT-2016

Toronto 22-SEP-2016 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 447 on behalf of Plaintiff Result of Hearing: Matter partially granted held in Court Senior Usher: Anne Street Duration per day: 22-SEP-2016 from 09:30 to 10:10 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 40min Appearances: Jeremy E. Want (613) 232-2486 representing Plaintiff Andrew I. McIntosh (416) 364-7311 representing Defendant Minutes of Hearing entered in Vol. 958 page(s) 12 - 14 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Jerry Z. Chen confirming service of Doc 450 upon Plaintiffs by email on 19-SEP-2016 filed on 20-SEP-2016

Sealed envelope pursuant to Protective Order dated 21-JUN-2011, amended 11-MAR-2013 on behalf of Defendant purporting to contain Defendant's Response (Re: Plaintiff's Motion Doc 447) Filed on 20-SEP-2016

Letter from Plaintiff dated 13-SEP-2016 re: seeking a special sitting for a refusal motion received on 16-SEP-2016

Solicitor's certificate of service on behalf of Daniel Davies confirming service of Doc. 448 upon Defendant by email on consent on 14-SEP-2016 filed on 15-SEP-2016

Sealed envelope pursuant to Protective Order in Court File No. T-2051-10 dated June 21, 2001 on behalf of Plaintiff purporting to contain Plaintiffs' Motion Record (Plaintiffs' Motion to Compel Answers) Filed on 15-SEP-2016

CONFIDENTIAL Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 22-SEP-2016 to begin at 09:30 for an Order requiring the Defendant to answere the outstanding questions from the Plaintiffs' follow-up written inerrogatories relating to the examinations for discovery of Nova's corporate representatives; and other relief filed on 15-SEP-2016

Letter from Plaintiff dated 15-SEP-2016 "Please find enclosed for filing in sealed envelopes, three copies of the Plaintiffs' motion record in respect of the Plaintiffs' motion to compel answers from its written interrogatories, which has been scheduled to be heard on September 22, 2016 in Toronto...As an update to our letter of September 13, 206, we have been advised that Nova no longer intends to bring a motion to compel answers from its follow-up written interrogatories in the reference. Additionally, neither party wil be proceeding with motions to compel arising from the "Additional Grades" discoveries. Therefore, the enclosed motion is the only motion expected to proceed September 22nd hearing." received on 15-SEP-2016

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 13-SEP-2016 directing that The schedule is amended such that: 1. Nova's responding expert reports shall be served by September 26, 2016; 2. Dow's expert reports in reply shall be served by November 10, 2016. placed on file on 13-SEP-2016

MEMORANDUM to Fothergill, J., Referee, from Cynthia Leaver, Ottawa Registry, enclosing a copy of the JUDGMENT and a copy of the REASONS FOR JUDGMENT dated 6-SEP-2016, filed in Federal Court of Appeal file A-379-14. Sent by internal mail on 8-SEP-2016. placed on file on 08-SEP-2016

MEMORANDUM to MILCZYNSKI, P., Case Management Judge, from Cynthia Leaver, Ottawa Registry, enclosing a copy of the JUDGMENT and a copy of the REASONS FOR JUDGMENT dated 6-SEP-2016, filed in Federal Court of Appeal file A-379-14. Sent by internal mail on 8-SEP-2016. placed on file on 08-SEP-2016

Copy of JUDGMENT and copy of REASONS FOR JUDGMENT in Federal Court of Appeal file dated 06-SEP-2016 rendered by The Honourable Mr. Justice Webb The Honourable Mr. Justice Boivin The Honourable Mr. Justice de Montigny placed on file. Original filed on Court File No. A-379-14

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of Doc 445 upon Defendant by personal service on 06-SEP-2016 filed on 07-SEP-2016

Trial Record on behalf of Plaintiffs filed on 06-SEP-2016

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 06-SEP-2016 directing that the Trial Record from the Plaintiffs be filed even though the due date should have been on 2-SEP-2016 placed on file on 06-SEP-2016

Acknowledgment of Receipt received from Plaintiffs / Defendant with respect to Order doc 444 placed on file on 11-AUG-2016

Order dated 11-AUG-2016 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 439 Result: granted Filed on 11-AUG-2016 copies sent to parties entered in J. & O. Book, volume 1308 page(s) 424 - 425 Interlocutory Decision

Communication to the Court from the Registry dated 10-AUG-2016 re: 369 motion doc 439 sent for disposition

Covering letter from Plaintiff dated 03-AUG-2016 concerning Doc. Nos. 442 443 placed on file on 03-AUG-2016

Solicitor's certificate of service on behalf of Daniel Whalen confirming service of Motion Doc. No. 442 upon Defendant by e-mail (with consent) on 03-AUG-2016 filed on 03-AUG-2016

Motion Record containing the following original document(s): 439 440 441 Number of copies received: 3 on behalf of Plaintiff filed on 03-AUG-2016

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 439 filed on 03-AUG-2016

Consent on behalf of all parties to Motion Doc. No. 439 filed on 03-AUG-2016

Draft Order concerning Motion Doc. No. 439 received on 03-AUG-2016

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be dealt with in the Toronto local office for an Order in the terms of the draft Order attached hereto as Schedule 'A' granting Dow leave to call a total of six expert witnesses in this proceeding for the liability phase and quantification phase filed on 03-AUG-2016 Draft Order\\Judgment received.

Communication to the Court from the Registry dated 24-JUN-2016 re: P's letter dated 24-JUN-2016

Letter from Plaintiff dated 24-JUN-2016 advising the Court that further to the Order of Fothergill J. dated 10-JUN- 2016, Dow elects an accounting of Nova's profits. Dow notes that they have appealed the June 10, 2016 Order and reserves their rights arising from that appeal if successful (cc'd to all parties) received on 24-JUN-2016

Acknowledgment of Receipt received from all parties with respect to the Order and Reasons rendered on June 23, 2016. (via fax and email) placed on file on 23-JUN-2016

Letter from Defendant Nova Chemicals dated 22-JUN-2016 in response to direction 21-Jun-2016 from Russell J.and further to plaintiff's letter 22-Jun-2016.We agree with plaintiff's letter and recent amendments to Dow's statement of claim adding 4 products made pursuant to Hughes J. order. We would add that par.11 and 19 of Hughes J reasons mention Dow's relating of product categories and products or films. received on 22-JUN-2016

Order and Reasons dated 23-JUN-2016 rendered by The Honourable Mr. Justice Russell Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 406 Result: 1. The Plaintiffs' motion is allowed. 2. Paragraph 2B and the amended portion of paragraph 98 of the Defendant's Amended Fresh As Amended Statement of Defence and Counterclaim, filed April 22, 2016, are struck without leave for further amendment. The Court's decision is with regard to Motion Doc. No. 432 Result: 3. The Defendant's cross motion is denied. 4. The Plaintiffs shall have their costs of both motions in any event of the cause. Filed on 23-JUN-2016 entered in J. & O. Book, volume 1303 page(s) 484 - 485 Interlocutory Decision

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 23-JUN-2016 directing that 1. Dow's expert report in chief on Nova's profits need only deal with Nova's revenues, and not what costs, if any, that Nova may seek to deduct from thos revenues, including any claimed capital costs; 2. Dow's expert reports in chief need not deal with Nova's alleged non- infringing alternative arguments; 3. Dow shall have an opportunity to file expert reports in reply, which must be served by October 31, 2016 placed on file on 23-JUN-2016

MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing copy of Plaintiff's Notice of Appeal filed 20-JUN-2016 in Federal Court of Appeal file A-229-16, re: Plaintiff's appeal of the Order of Fothergill, J. dated 10-JUn-2016. Sent by internal mail on 22-JUN-2016. placed on file on 22-JUN-2016

Copy of Notice of Appeal (Appeal Court File No. A-229-16 ) appealing Order of Fothergill, J. dated 10-JUN-2016 filed in the Court of Appeal on 20-JUN-2016 on behalf of Plaintiff placed on file on 22-JUN-2016

Letter from Plaintiff dated 22-JUN-2016 in response to the Directions of Russell J. dated 21-JUN-2016 (ID 978) received on 22-JUN-2016

Acknowledgment of Receipt received from all parties with respect to the Directions of Russell J. dated 21-JUN-2016 (ID 978) placed on file on 21-JUN-2016

Written directions received from the Court: The Honourable Mr. Justice Russell dated 21-JUN-2016 directing that counsel should explain the discrepancy in the references to film as between the Order of Hughes J. dated 30-MAR-2016 and Schedule A to the Appendix A to the Second Amended Statement of Claim placed on file on 21-JUN-2016 Confirmed in writing to the party(ies)

Toronto 14-JUN-2016 BEFORE The Honourable Mr. Justice Russell Language: E Before the Court: Motion Doc. No. 406 on behalf of Plaintiff Result of Hearing: Matter reserved Before the Court: Motion Doc. No. 432 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: Mary Joseph Duration per day: 14-JUN-2016 from 10:41 to 13:09 Courtroom : Courtroom No. 5-A - Toronto Court Registrar: Christine McCullough Total Duration: 2h 28min Appearances: Steven Garland / Ryan Evans (613) 232-2486 / (416) 971-7202 representing Plaintiff Micheal Charles (416) 364-7311 representing Defendant Comments: DARS HEARING: Z006207 Minutes of Hearing entered in Vol. 953 page(s) 231 - 233 Abstract of Hearing placed on file

Acknowledgment of Receipt received from all parties with respect to the Order of Fothergill J. dated 10-JUN-2016 (DOC. 437) placed on file on 10-JUN-2016

Order dated 10-JUN-2016 rendered by The Honourable Mr. Justice Fothergill Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: Further to the Case Management Conference held on 18-APR-2016: (1) Dow will communicate to Nova its election between accounting or profits or damages by 24-JUN-2016; (2)Dow's expert reports in chief on further claims of infringement shall be served by 25-JUL-2016; (3) Nova's responding expert reports shall be served by 12-SEP-2016; and (4) Dow's further claims of infringement will be heard in Toronto on 13-OCT-2016 and 14-OCT-2016 Filed on 10-JUN-2016 copies sent to parties entered in J. & O. Book, volume 1302 page(s) 491 - 498 Interlocutory Decision

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of Doc. No. 435 upon Defendant by process server on 10-JUN-2016 filed on 10-JUN-2016

Motion Record in response to Motion Doc. No. 406 containing the following original document(s): 434 Number of copies received: 3 on behalf of Plaintiffs filed on 10-JUN-2016

Written Representations contained within a Motion Record on behalf of Plaintiffs concerning Motion Doc. No. 406 filed on 10-JUN-2016

Solicitor's certificate of service on behalf of Defendant confirming service of 428,431,432 upon Plaintiff by email and overnight courier 8-Jun-2016 on 08-JUN-2016 filed on 08-JUN-2016

Notice of Motion on behalf of Defendant returnable at General Sitting in Toronto on 14-JUN-2016 to begin at 09:30 duration: 2h language: E for an Order grant defendant leave to withdraw its admission relating to molecular weight distribution (Mw,Mn) of Reactor 1 component of FPs417A made by NOVA in responding to plaintiffs motion to add products; leave to amend paragraphs 2B and 98 of its amended Fresh as Amended Statement of Defence delivered pursuant to Order Hughes J.March 30,2016; costs of this motion. Andrew McIntosh 416-364-7311 filed on 08-JUN-2016

Letter from Defendant dated 08-JUN-2016 1)Confidential and Public versions Defendants Responding Motion Record (Dow Motion to strike and Nova Cross-Motion dated June 8,2016);2)Notice of Cross-motion (Leave to withdraw admission)dated June 8,2016; These motions scheduled June 14,2016 Toronto general sittings. Nova Notice of Cross-motion will be relying on material in Defendants Responding Record filed today received on 08-JUN-2016

Sealed envelope pursuant to Order June 21,2011,amended March 11,2013 on behalf of Defendant purporting to contain Motion Record of Defendant (Responding Party) re:doc.406 Filed on 08-JUN-2016

Sealed envelope pursuant to Order June 21,2011 on behalf of Defendant purporting to contain Written Representations Filed on 08-JUN-2016

Sealed envelope pursuant to Order dated June 21,2011 on behalf of Defendant purporting to contain affidavit of Lori-Ane Deborba sworn June 8,2016 Filed on 08-JUN-2016

Motion Record in response to Motion Doc. No. 406 containing the following original document(s): 426 427 Number of copies received: 3 on behalf of Defendant PUBLIC VERSION filed on 08-JUN-2016

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 406 filed on 08-JUN-2016

Affidavit of Lori-Anne Deborba sworn on 08-JUN-2016 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 406 with Exhibits A-G filed on 08-JUN-2016

Toronto 06-JUN-2016 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 413 on behalf of Defendant Result of Hearing: Matter partially granted Before the Court: Motion Doc. No. 416 on behalf of Plaintiff Result of Hearing: Matter partially granted held in Court Duration per day: 06-JUN-2016 from 09:30 to 03:30 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Christopher Garito Total Duration: 1d Appearances: Mr. Want/Mr. Graham 613-232-2486 representing Plaintiff Mr. McIntosh 416-364-7311 representing Defendant Minutes of Hearing entered in Vol. 952 page(s) 445 - 452 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Jerry Z. Chen confirming service of Doc. Nos. 423 and 424 upon all parties by e-mail on 03-JUN-2016 filed on 03-JUN-2016

Sealed envelope pursuant to Order of the Court rendered 11-MAR-2013 on behalf of Defendant purporting to contain Schedule B: Refusals from the Oral Examination for Discovery of Dr. Kelusky with the Defendant's position (in response to Plaintiff's Motion Doc. No. 418) Filed on 03-JUN-2016

Sealed envelope pursuant to Order of the Court rendered 11-MAR-2013 on behalf of Defendant purporting to contain Schedule A: Refusals from the Oral Examination for Discovery of Mr. Alayon with the Defendant's Position (in response to Plaintiffs' Motion Doc. No. 418); Filed on 03-JUN-2016

Solicitor's certificate of service on behalf of Daniel Whalen confirming service of DOCS 420 AND 421 upon Defendant by E-MAIL on 03-JUN-2016 filed on 03-JUN-2016

Sealed envelope pursuant to Order of the Court dated 31-MAR-2013 on behalf of Plaintiff purporting to contain Plaintiffs' Responding Position Chart (Mark Wetekamp) Filed on 03-JUN-2016

Sealed envelope pursuant to Order of the Court dated 31-MAR-2013 on behalf of Plaintiff purporting to contain Plaintiffs' Responding Position Chart (Jose Obregon) Filed on 03-JUN-2016

Correction to General Sitting concerning Motion Doc. No. 406 Hearing rescheduled from General Sitting at Toronto on 07-JUN-2016 to General Sitting at Toronto on 14-JUN-2016 at 09:30 duration: 2h Language: E Reason for correction: Request of the parties

Covering letter from Plaintiff dated 27-MAY-2016 concerning Doc. Nos. 416 417 418 419 placed on file on 27-MAY-2016

Solicitor's certificate of service on behalf of Daniel Davies confirming service of Doc#418 Plaintiffs' motion to compel upon Defendant by email on consent on 27-MAY-2016 filed on 27-MAY-2016

Sealed envelope pursuant to Protective Order dated June 21, 2011 as amended on March 11, 2013 on behalf of Plaintiff purporting to contain Plaintiffs' Motion Record (Doc#416 Motion to Compel Answers) Filed on 27-MAY-2016

Motion Record containing the following original document(s): 416 Number of copies received: 3 on behalf of Plaintiff filed on 27-MAY-2016

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 06-JUN-2016 to begin at 09:30 for an Order compelling the plaintiffs to answer questions,re-attend for further examinations for discovery and other relief filed on 27-MAY-2016

Correction to General Sitting concerning Motion Doc. No. 413 Hearing removed from General Sitting at Toronto on 07-JUN-2016 Reason for correction: Matter to be heard at a special sitting on June 6, 2016.

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 25-MAY-2016 directing that the Court will hear the parties' motions to compel on June 6, 2016 at 9:30 a.m. All moving motion records (including charts), to be served and filed by May 27, 2016 and responding motion record (with chart of outstanding questions reflecting the parties' respective positions) and pleadings book to be served and filed by June 1, 2016. (NOTE: Parties advised via electronic mail) placed on file on 25-MAY-2016

Toronto 26-MAY-2016 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The motion to strike will be referred to the Judge at the general sittings on June 7. held in chambers Duration per day: 26-MAY-2016 from 11:30 to 11:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Ryan Evans 647-288-9544 representing Plaintiff Mr. Garland 613-232-2486 representing Plaintiff Mr. Charles 416-957-1689 representing Defendant Minutes of Hearing entered in Vol. 952 page(s) 180 - 181 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Michael D. Burgess confirming service of Doc 413, 414, Pleadings Brief upon Plaintiff by email and personal service on 27-MAY-2016 filed on 27-MAY-2016

Pleadings Brief (Motion to Compel Answers) received on 27-MAY-2016

Sealed envelope pursuant to Protective Order dated June 21, 2011 as amended on March 11, 2013 on behalf of Defendant purporting to contain Defendant's motion record(Motion to Compel Answers) Filed on 27-MAY-2016

Notice of Motion on behalf of NOVA CHEMICALS CORPORATION returnable at General Sitting in Toronto on 07-JUN-2016 to begin at 09:30 duration: 30min language: E for an Order compelling the plaintiffs to answer questions,produce copies of documents and reattend at Toronto to answer all proper follow-up questions, costs of the motion and further relief the Court deems just (Robert MacFarlane 416-364-7311) filed on 27-MAY-2016

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of doc. 410(Plaintiff's Sealed Motion Record) doc. 411 (Public version) and Plaintiff's Authorities upon Defendant by personal service on 26-MAY-2016 filed on 26-MAY-2016

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 26-MAY-2016

Public Version: Plaintiff's Motion Record ( Motion to strike portions of the Amended Defence) filed on 26-MAY-2016

Sealed envelope pursuant to Protective Order: 21-jun-2011 on behalf of Plaintiff purporting to contain Plaintiffs's Motion Record ( Motion to strike portions of Amended Defence) Filed on 26-MAY-2016

Motion Record containing the following original document(s): 406 407 408 Number of copies received: 3 on behalf of Plaintiff filed on 26-MAY-2016

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 406 filed on 26-MAY-2016

Affidavit of Elysia Karaegovic sworn on 26-MAY-2016 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 406 with Exhibits a-g filed on 26-MAY-2016

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Toronto on 07-JUN-2016 to begin at 09:30 duration: 1h 30min language: E for an Order to strike portions of Nova's Amended Statement of Defence and Counterclaim (TO BE PLACED BEFORE A JUDGE) filed on 26-MAY-2016

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 25-MAY-2016 directing that a case management teleconference will be held on Thursday, May 26, 2016 at 11:30 a.m. Furthermore, this Court will hear the parties' respective motions to compel answers from the second round on June 6, 2016 at 9:30 a.m. (NOTE: Parties advised via email) placed on file on 25-MAY-2016

Letter from Plaintiff dated 25-MAY-2016 advising that the parties' only other date of availability to argue the motion to compel is June 13, 2016 (cc'd to all parties) received on 25-MAY-2016

Letter from Plaintiff dated 24-MAY-2016 requesting a case management call to discuss the scheduling of the Plaintiffs' proposed motion to strike a portion of the Defendant's amended defence - copy of draft notice of motion attached (cc'd to all parties) received on 24-MAY-2016

Letter from Plaintiff dated 20-MAY-2016 Parties have now exchanged answers to outstanding questions from the second round of examinations for discovery and both sides will be bringing motions compel answers. Both sides are available for a hearing on June, 6 to 10 or 13th, 2016. parties purposed that the moving parties motion records be served and filed by May, 27, 2016 and the responding records be served by Friday June 3rd, 2016. received on 20-MAY-2016

Communication to the Court from the Registry dated 05-MAY-2016 re: P's letter dated 5-MAY-2016 sent to Fothergill J. & Milczynski CMJ

Letter from Plaintiff dated 05-MAY-2016 in response to NOVA's submissions re: trial management conference (cc'd to all parties) received on 05-MAY-2016

Covering letter from Co-Counsel for te Plaintiffs dated 11-MAY-2016 concerning Doc. Nos. 404 405 placed on file on 11-MAY-2016

Solicitor's certificate of service on behalf of Kevin K. Graham confirming service of Notice of Consent to Electronic Service Doc.404 upon Defendant by process server on 11-MAY-2016 filed on 11-MAY-2016

Consent on behalf of Smart & Bigger co-solicitors for the Plaintiffs to the electronic service of the documents in this action that are not required to be personally served. filed on 11-MAY-2016

Consent on behalf of all parties to filing of Amended Response to Statement of Issues filed on 09-MAY-2016

Solicitor's certificate of service on behalf of Michael E. Charles confirming service of doc. #401 upon Plaintiff by overniht courier on 03-MAY-2016 filed on 04-MAY-2016

Sealed envelope pursuant to the Protective Order dated 2-JUN-2011 on behalf of Defendant purporting to contain Reply Written submissions (on procedure for the Reference) Filed on 04-MAY-2016

Solicitor's certificate of service on behalf of Michael E. Charles confirming service of Docs. 397, 398 and the Book of Authorities of the Defendant upon Plaintiff by courier and personal service on 02-MAY-2016 filed on 02-MAY-2016

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 02-MAY-2016

Sealed envelope pursuant to Protective Order dated June 21, 2011 on behalf of Defendant purporting to contain Appendix D to the Written Submission of the Defendant (on Procedure for the Reference) Filed on 02-MAY-2016

Written Submissions on behalf of Defendant concerning the Procedure for the Reference pursuant to the directions of Fothergill J. filed on 02-MAY-2016

Covering letter from Plaintiff dated 02-MAY-2016 concerning Doc. Nos. 396 397 placed on file on 02-MAY-2016

Solicitor's certificate of service on behalf of Kevin K. Graham confirming service of Doc. No. 396 upon Defendant by email on 02-MAY-2016 filed on 02-MAY-2016

Sealed envelope pursuant to Protective Order Dated June 11, 2011 on behalf of Plaintiff purporting to contain Plaintiff's written submissions on the procedure for Dow's election between profits and damages... further to the oral directions of Justice Fothergill dated April 18, 2016. Filed on 02-MAY-2016

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of DOC.394 upon Defendant by telecopier on 02-MAY-2016 filed on 02-MAY-2016

AMENDED FRESH AS FURTHER AMENDED REPLY AND DEFENCE TO COUNTERCLAIM OF THE PLAINTIFFS filed on 02-MAY-2016

Solicitor's certificate of service on behalf of Michael E, Charles confirming service of doc 392 upon Plaintiff by personal service on 22-APR-2016 filed on 22-APR-2016

Amended Fresh Statement of Defence and Counter Claim filed on 22-APR-2016

Ottawa 18-APR-2016 BEFORE The Honourable Mr. Justice Fothergill Language: E Before the Court: Trial Management Conference Result of Hearing: Parties are to submit written submissions on the plant costs and the grades by May 2nd, 2016. held in chambers by way of Conference Call Duration per day: 18-APR-2016 from 11:05 to 12:00 Courtroom : Judge's Chambers - Ottawa Court Registrar: Marc Medas Total Duration: 55 mins Appearances: Mr. Steven Garland, Mr. Colin Ingram, Mr. Daniel Davies and Mr. Jeremy Want (613)614-7554 representing the Plaintiffs Mr. Ron Dimock and Mr. Ryan Evans (647)288-9524 representing the Plaintiffs Mr. Robert MacFarlane, Mr. Michael Charles, Mr. Andrew McIntosh (416)957-1609 representing Defendant Comments: Back-up recorder was used for the TMC Minutes of Hearing entered in Vol. 950 page(s) 66 - 69 Abstract of Hearing placed on file

Letter from Defendant dated 12-APR-2016 writing further to the direction of Prothontary Milczynski dated March 30, 2016, with contact information for the Trial Management Conference. received on 12-APR-2016

Communication to the Court from the Registry dated 04-APR-2016 re: P's letter dated 1-APR-2016 (sent to Fothergill J. and Milczynski CMJ)

Letter from Plaintiff dated 01-APR-2016 in anticipation of the upcoming trial management conference and advising the Court of an additional topic that should be addressed on April 18, 2016 (cc'd to D's counsel) received on 04-APR-2016

Covering letter from Plaintiff dated 01-APR-2016 concerning Doc. No. 390 placed on file on 01-APR-2016

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of doc. #390 upon Defendant by telecopier on 01-APR-2016 filed on 01-APR-2016

Amended Second Amended Statement of Claim filed on 01-APR-2016

Acknowledgment of Receipt received from the Plaintiffs and the Defendant with respect to Reasons for Order and Order Doc. No. 389 placed on file on 30-MAR-2016

Reasons for Order and Order dated 30-MAR-2016 rendered by The Honourable Mr. Justice Hughes Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 363 Result: THIS COURT THEREFORE ORDERS that: 1. The Plaintiffs are allowed to amend Appendix A to their Amended Statement of Claim to add films designated as FPs016, FPs117, FPs225, and FPs317 effective as of January 20, 2016; 2. The Defendant is allowed to amend its Defence in response to the amendments allowed in paragraph 1; 3. The parties may use the evidence adduced on this motion as discovery and may conduct further discovery reasonably consequent upon the above amendments; 4. The parties are to seek Case Management as to the determination of any issues raised by such amendments and any issues as to the reference and timing thereof; 5. Costs of this motion as well as the amendments and discovery are left to determination upon the reference. Filed on 30-MAR-2016 copies sent to parties Interlocutory Decision Copy of Reasons for Order and Order entered in J. & O. Book, volume 1297 page(s) 104 - 120

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 30-MAR-2016 directing that a trial management teleconference will be held on April 18, 2016 at 11:00 a.m. The parties shall provide their contact information to the Registry no later than April 14, 2016. placed on file on 30-MAR-2016 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 29-MAR-2016 re: P's letter dated 29-MAR-2016

Letter from Plaintiff dated 29-MAR-2016 providing the parties' mutual dates of availability for a trial management teleconference and providing a proposed agenda for the call (cc'd to all parties) received on 29-MAR-2016

Letter from Defendant dated 23-MAR-2016 is response to the Courts direction dated March 15, 2016 stating that the parties shall within 10 days of the date of the direction, submit dates and times mutual availability for a trial management teleconference,together with an agenda of the matters to be discussed on the call. This is to advise that counsel for the parties are discussing dates and will advise of mutual availability. received on 23-MAR-2016

Toronto 24-MAR-2016 BEFORE The Honourable Mr. Justice Hughes Language: E Before the Court: Motion Doc. No. 363 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: John Doherty Duration per day: 24-MAR-2016 from 09:30 to 15:43 Courtroom : Courtroom No. 5-A - Toronto Court Registrar: Heather Michaud Total Duration: 6h 13min Appearances: Steven B. Garland / Ryan T. Evans / Daniel S. Davies 1-613-232-2486 representing Plaintiff Micheal E. Charles / Michael D. Burgess 416-957-1616 representing Defendant Comments: Plaintiff provided a timeline of events at the outset of the hearing. Defendant handed up one loose case authority - [1976] 2 R.C.S. DARS used to record this hearing - Z006207. Minutes of Hearing entered in Vol. 948 page(s) 307 - 318 Abstract of Hearing placed on file

Acknowledgment of Receipt received from R. Dimock for Plaintiff, R. MacFarlane/M.E. Charles for Defendant, by fax with respect to and to S. Garland, co-counsel for Plaintiff, by E-mail, on 24-MAR-2016. Receipt confirmed on 24-MAR-2016. with respect to the Order doc. 388 of the Chief Justice, dated 24-MAR-2016 placed on file on 24-MAR-2016

MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P. from Cynthia Leaver, Ottawa Registry, enclosing certified copy of Order doc. 388 of the Chief Justice, assigning Referee in this matter, filed 24-MAR-2016. Sent by internal mail on 24-MAR-2016. placed on file on 24-MAR-2016

Order dated 24-MAR-2016 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 07-MAY-2014 Result: "IT IS ORDERED that Mr. Justice Simon Fothergill, is designated as the Referee, as ordered by this Court in an order dated May 7, 2014." Filed on 24-MAR-2016 certified copies sent to 2 counsel for the parties by fax and to Plaintiffs' co-counsel by E-mail on 24-MAR-2016. Transmittal Letters placed on file. entered in J. & O. Book, volume 1296 page(s) 480 - 480 Interlocutory Decision

Amended Plaintiffs Amended Motion Record 2 vol. (Amended version of Doc 363) filed on 22-MAR-2016

Solicitor's certificate of service on behalf of Ryan T. Evans (Plaintiffs) confirming service of Doc 385 upon Defendant by personal service on 22-MAR-2016 filed on 22-MAR-2016

Sealed envelope pursuant to Protective Order dated 21-JUN-2011 on behalf of Plaintiff purporting to contain Plaintiffs' Amended Motion Record (RE: Nova's Attempt to Narrow the Trial Judgment) [2 VOLUMES] Filed on 22-MAR-2016

Oral directions received from the Court: The Honourable Mr. Justice Hughes dated 22-MAR-2016 directing that the Plaintiffs' Amended Motion Record be accepted for filing placed on file on 22-MAR-2016

Communication to the Court from the Registry dated 22-MAR-2016 re: Plaintiffs' Amended Motion Record

Solicitor's certificate of service on behalf of Michael Burgess confirming service of Docs. 382, 383 and Book of Authorities upon Plaintiff by email on 16-MAR-2016 filed on 16-MAR-2016

PUBLIC VERSION of motion record doc. 382 filed on 16-MAR-2016

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 16-MAR-2016

Sealed envelope pursuant to order of the court dated 21-JUN-2011 on behalf of Defendant purporting to contain 3 volume motion record in response to motion doc. 363 Filed on 16-MAR-2016

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 15-MAR-2016 directing that "Counsel for the Plaintiff seeks the direction of the reference judge in respect of certain issues that may affect the conduct of the reference and the Plaintiff's election between profits and damages (for example whether certain capital costs may be taken into account, and if so, in what amount). The parties shall, within 10 days of the date of this direction, submit dates and times of mutual availability for a trial management teleconference , together with an agenda of the matters to be discussed on the call." placed on file on 15-MAR-2016 Confirmed in writing to the party(ies)

Acknowledgment of Receipt received from all parties (via email confirmation) with respect to doc. 381 placed on file on 14-MAR-2016

Order dated 14-MAR-2016 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Letter from Plaintiffs and Defendant respectively, dated 14-MAR-2016 with proposed schedule as discussed at the conclusion of hearing on March 1, 2016 dated 14-MAR-2016 Result: "1. Answers to outstanding questions (including questions ordered answered on the motions to compel) are to be provided by March 31, 2016. 2. Follow-up examinations for discovery shall be completed by April 15, 2016 3. Answers to underdtaings, etc. arising from the follow-up examinations for discovery shall be provided by May 13, 2016. 4. Dow shall serve its evidence in chief (Dow's damages, Nova's profits and reasonable royalty, as may be applicable) by July 11, 2016. 5. Nova shall serve its responding expert reports (Dow's damages, Nova's profits and reasonable royalty, as may be applicable) by September 12, 2016. 6. The need for and timing of reply expert reports is to be addressed after Nova's responding expert reports are filed." Filed on 14-MAR-2016 copies sent to parties entered in J. & O. Book, volume 1295 page(s) 425 - 426 Interlocutory Decision

Letter from Defendant dated 14-MAR-2016 with proposed draft scheduling order (cc'd to P's counsel) received on 14-MAR-2016

Letter from Plaintiff dated 14-MAR-2016 providing additional information relating to Dow's previous request for a trial management conference to determine the issue of the timing of Dow's election (cc'd to D's counsel) received on 14-MAR-2016

Letter from Plaintiff dated 14-MAR-2016 with draft scheduling order further to the case management conference on 1-MAR-2016 (held at conclusion of refusals motions that commenced 29-FEB- 2016). Parties have been unable to agree and it is the Plaintiffs' understanding that the Defendant will submit their own draft (cc'd to D's counsel) received on 14-MAR-2016

Letter from Plaintiff dated 26-FEB-2016 requesting a trial management conference before the trial judge. Parties are available on between March 29-31, April 1, 4-8 and 15. received on 26-FEB-2016

Communication to the Court from the Registry dated 11-MAR-2016 re: Letter dated March 11, 2016 sent to Prothonotary Milczynski, CMT, CMJ, TRIAL JA.

Letter from Defendant dated 11-MAR-2016 in response to Mr. Garlands March 3rd, 2016 letter on behalf of Plaintiffs. Nova opposes Dow's extraordinaly and il-timed proposals. Answers to undertakings from follow-up examinations for discovery are to be provided by May 13, 2016, which completes discoveries. With Dow's expert report due July 11,2016, Dow should make its election by mid-June ie. June 17th for the Dec 5th Trial. received on 11-MAR-2016

Communication to the Court from the Registry dated 03-MAR-2016 re: Letter dated March 3rd, 2016, sent to Prothontary Milczynski,CMT, CMJ, TRIAL JA.

Letter from Plaintiff dated 03-MAR-2016 further to the their letter of February 26, 2016 requesting a trial management conference before the trial judge and why the trial judge is best position to address same. Dow respectfully requests that a trial management conference be scheduled. Parties are available march 29-31, April 1, 4-8 and 15. The deadline for the completing the second round of discoveries is May 15, 2016. received on 03-MAR-2016

Letter from Defendant dated 29-FEB-2016 with respect to Nova's motion to compel and based on Dow's latest positions and answers as set out in the responding motion record, NOVA advises that without prejudice, it will not purse certain questions at its motion. In addition, NOVA notes that Dow has also undertaken to make reasonable inquires in respect of a number of remaining questions. received on 26-FEB-2016

Toronto 29-FEB-2016 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 370 on behalf of Defendant to compel answers to questions refused or failed to answer re: examination of Messrs. Wetekamp and Obregon Result of Hearing: Matter partially dismissed Before the Court: Motion Doc. No. 372 on behalf of Plaintiff to compel answers to outstanding questions re: examination of Ms. Alayon and Dr. Kalusky Result of Hearing: Matter partially dismissed held in Court Senior Usher: Robin Cooksey Duration per day: 29-FEB-2016 from 09:45 to 04:25 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Natashia Bennett-Nelson 01-MAR-2016 from 09:30 to 02:15 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1.5d Appearances: Colin Ingram / Jeremy Want (613) 232-2486 representing Plaintiff Andrew McIntosh / Michael Burgess / Jerry Chen (416) 957-1677 / (416) 957-1627 / (416) 957-1603 representing Defendant Comments: DARS Laptop #Z009176 was used for this matter The Plaintiffs will submit two letters to the Court: one advising why their election needs to be discussed during the trial management conference instead of a case management conference or in-person meeting; and a copy of the proposed schedule so that the Court may issue the same. The timetable for next steps as discussed is as follows: March 25, 2016: Answers to outstanding questions to be delivered April 15, 2016: Complete follow-up oral discovery, as necessary May 16, 2016: Answers to any undertakings, etc. arising from follow-up discovery July 31, 2016: Expert Reports in Chief to be served and filed September 12, 2016: Responding Expert Reports to be served and filed Minutes of Hearing entered in Vol. 947 page(s) 147 - 172 Abstract of Hearing placed on file

Letter from the Chief Justice to Defendant's counsel, Robert H.C. MacFarlane, Bereskin & Parr LLP dated 20-JAN-2016 acknowledgement receipt of Defendant's counsel's letter dated 19-JAN-2016 and responding to question re: outstanding reserve judgments of O'Keefe, J. received on 20-JAN-2016

Solicitor's certificate of service on behalf of Kevin K. Graham confirming service of ID 870 Plaintiff's Book of Authorities upon Defendant by e-mail on 26-FEB-2016 filed on 26-FEB-2016

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 26-FEB-2016

Acknowledgment of Receipt received from Plaintiffs' counsel with respect to re: letter (ID 861) from the Registry dated 19-FEB-2016, enclosing a certified copy of the Reasons for Judgment and Judgment (doc. # 375) of O'Keefe, J., dated 22-JAN-2016. Stamped PRIORITY POST 22-FEB-2016. placed on file on 23-FEB-2016

Covering letter from Plaintiff dated 22-FEB-2016 concerning Doc. No. 378 placed on file on 22-FEB-2016

Solicitor's certificate of service on behalf of Daniel Davies confirming service of Doc 378 upon Defendant by email with consent on 22-FEB-2016 filed on 22-FEB-2016

Sealed envelope pursuant to Protective Order dated March 11, 2013. on behalf of Plaintiff purporting to contain Motion Record in response Doc. 372 Filed on 22-FEB-2016

Solicitor's certificate of service on behalf of Jerry Z. Chen confirming service of Doc 376 and Book of Authorities upon Plaintiff by email on 22-FEB-2016 filed on 22-FEB-2016

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 22-FEB-2016

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Defendant purporting to contain Motion Record of the Defendant (Responding Party) in opposition to Doc 372 Filed on 22-FEB-2016

Pleadings Brief on behalf of the Defendant received on 22-FEB-2016

Letter sent by Registry on 19-FEB-2016 to Plaintiffs' counsel, Michael S. Duchesneau at Smart & Biggar (Ottawa), enclosing certified copy of the Reasons for Judgment and Judgment (doc.#375) of O'Keefe, J. dated 22-JAN-2016, as requested in letter ID 860. Sent by Proof-of-Delivery Mail on 19-FEB-2016. Copy placed on file.

Letter from counsel for the Plaintiffs, Michael S. Duchesneau at Smart & Biggar dated 19-FEB-2016 (Ottawa), requesting a certified copy of the Reasons for Judgment and Judgment dated 22-JAN-2016 (document no. 375). received on 19-FEB-2016

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 17-FEB-2016 directing that the parties request for an extension of time to serve and file responding motion records has been granted. The material is now due by 22-FEB-2016. ( this direction was sent to parties by email). placed on file on 17-FEB-2016

Acknowledgment of Receipt received from all parties with respect to the Direction rendered on February 9, 2016. (via fax) placed on file on 10-FEB-2016

Written directions received from the Court: Chief Justice Crampton dated 09-FEB-2016 directing that "The Plaintiffs' motion for an Order regarding the trial judgment of Mr. Justice O'Keefe dated May 7, 2014 (document #363), may be made returnable before this Court at 180 Queen Street West, in the City of Toronto, Ontario, on Thursday, the 24th day of March, 2016, at 9:30 in the forenoon for a duration of one (1) day. The Defendant's responding motion record will be served and filed no later than March 16, 2016." placed on file on 10-FEB-2016

Letter from Plaintiff dated 04-FEB-2016 Plaintiff "Dow" in respect to Dow's motion seeking determination as to scope of trial judgment filed 20-Jan-2016 (22-Jan-2016). Requests special sitting before a Judge be scheduled. As noted in our email 27-Jan-2016, a 1 day hearing with proposed available dates... received on 04-FEB-2016

Memorandum to file from Toronto CMT dated 02-FEB-2016 Parties advised that the hearing of the parties' motions to compel shall be adjourned from February 3 to February 29 and March 1, 2016 commencing at 10:00 a.m. (NOTE: Parties advised via email) placed on file.

Copy of Notice of Appeal (Appeal Court File No. A-43-16 ) appealing Judgment of Justice O'Keefe dated January 14, 2016 filed in the Court of Appeal on 25-JAN-2016 on behalf of Nova Chemicals Corporation placed on file on 28-JAN-2016

Communication to the Court from the Registry dated 27-JAN-2016 re: Forwarding motion #363 to Court to fix special hearing date.

Letter from Defendant dated 26-JAN-2016 Defendant intends to bring a stay motion on A-43-16 received on 26-JAN-2016

Acknowledgment of Receipt received from all parties by fax with respect to Reasons for Judgment and Judgment doc. no. 375 placed on file on 25-JAN-2016

Acknowledgment of Receipt (by fax) received from counsel for the Plaintiffs and the Defendant with respect to letter from the Chief Justice dated January 20, 2016. placed on file on 25-JAN-2016

Letter sent by Registry on 25-JAN-2016 to all parties from the Chief Justice indicating the following: I acknowledge receipt of your letter dated January 19, 2016 concerning the above-noted matter. In response to your question, I confirm that I spoke with Justice O'Keefe immediately prior to his retirement regarding his outstanding reserve judgments and requested him to issue any such judgments that remained outstanding as at his retirement date of December 1, 2015, within eight weeks of that date, as contemplated by subjection 45(1) of the Federal Courts Act, R.S.C. 1985, c. F-7, as amended." Copy placed on file.

Reasons for Judgment and Judgment dated 22-JAN-2016 rendered by The Honourable Mr. Justice O'Keefe Matter considered without personal appearance The Court's decision is with regard to Order dated 14-JAN-2016 Result: see attached copy for result Filed on 22-JAN-2016 Interlocutory Decision Certificate of Judgment entered in J. & O. Book, volume 1290 page(s) 491 - 492

Covering letter from Plaintiff dated 22-JAN-2016 concerning Doc. Nos. 373 374 placed on file on 22-JAN-2016

Solicitor's certificate of service on behalf of Daniel S. Davies confirming service of Plaintiff's Motion to Compel (doc 373) upon Defendant by email on 22-JAN-2016 filed on 22-JAN-2016

Motion Record containing the following original document(s): 372 Number of copies received: 3 on behalf of Plaintiff filed on 22-JAN-2016

Sealed envelope pursuant to Protective Order dated June 21, 2011 on behalf of Plaintiff purporting to contain the confidential schedules to the plaintiffs' motion to compel answers. Received on 22-JAN-2016

Confidential Schedules to the Notice of Motion of Plaintiffs to compel answers. received on 22-JAN-2016

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 03-FEB-2016 to begin at 09:30 for an Order requiring the defendant to answer outstanding questions and re-attendance of defendant's corporate representatives. filed on 22-JAN-2016

Solicitor's certificate of service on behalf of Jerry Z. Chen confirming service of Doc. NO. 370 + ID#340 Book of Authorities upon Plaintiffs by email on 22-JAN-2016 filed on 22-JAN-2016

Book of Authorities consisting of 1 volume(s) on behalf of Defendant RE: Motion Doc. 370 received on 22-JAN-2016

Notice of Motion on behalf of Defendant returnable at Special Sitting in Toronto on 03-FEB-2016 to begin at 09:30 for an Order to compel the Plaintiffs to answer questions RE: Examination for Discovery of Mark Wetekamp and Jose Obregon; for costs of this motion. ***SEALED ENVELOPES attached RE: Schedules A & B*** filed on 22-JAN-2016

****** CANCELLED ****** Letter from Defendant dated 22-JAN-2016 requesting when the Chief Justice made the request under s. 45(1) to Justice O'Keefe to give Judgement in this matter. received on 22-JAN-2016

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 20-JAN-2016

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of Motion Doc. 368 upon Defendant by personal service on 20-JAN-2016 filed on 20-JAN-2016

Sealed envelope pursuant to Protective Order dated June 21, 2011 on behalf of Plaintiff purporting to contain 363, 364, 365, 366, 367 Filed on 20-JAN-2016

Written Representations CONFIDENTIAL on behalf of Plaintiff concerning Motion Doc. No. 363 filed on 20-JAN-2016

Affidavit of CONFIDENTIAL sworn on 20-JAN-2016 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 363 with Exhibits A-S filed on 20-JAN-2016

Affidavit of CONFIDENTIAL sworn on 20-JAN-2016 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 363 with Exhibits A-C filed on 20-JAN-2016

Affidavit of CONFIDENTIAL sworn on 20-JAN-2016 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 363 with Exhibits A-M filed on 20-JAN-2016

CONFIDENTIAL NOTICE OF MOTION contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order to Narrow the Trial Judgment filed on 20-JAN-2016

Letter from Plaintiff dated 19-JAN-2016 This letter raises a question regarding the decision rendered and S. 45(1) of the FCA received on 19-JAN-2016

Toronto 13-JAN-2016 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties to requisition a tmc immediately. 416-971-7202 held in chambers Duration per day: 13-JAN-2016 from 12:00 to 12:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 20min Appearances: Mr. Dimock 416-971-7202 representing Plaintiff Steven Garland 613-232-2486 representing Plaintiff Michael Charles 416-957-1689 representing Defendant Minutes of Hearing entered in Vol. 944 page(s) 168 - 169 Abstract of Hearing placed on file

Acknowledgment of Receipt received from all parties with respect to the Confidential Reasons for Judgment and Judgment (via fax) placed on file on 14-JAN-2016

Reasons (CONFIDENTIAL) for Judgment and Judgment dated 14-JAN-2016 rendered by The Honourable Mr. Justice O'Keefe Matter considered without personal appearance The Court's decision is with regard to Order dated 05-SEP-2014 Result: Confidential Filed on 14-JAN-2016 Interlocutory Decision Copy of Reasons for Judgment and Judgment entered in J. & O. Book, volume 1289 page(s) 265 - 283

Letter from Plaintiff dated 11-JAN-2016 with respect to the case management teleconference scheduled for 13-JAN-2016 and advising that the parties cannot agree to a timetable. Both parties' proposed timetables attached (cc'd to all parties) received on 11-JAN-2016

Confirmation of receipt by all parties by fax printout of the order of the Chief Justice dated 10-DEC-2015 placed on file on 10-DEC-2015

Order (time and place) dated 10-DEC-2015 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Reference (s.18.3) to be heard at Special Sitting in Toronto on 05-DEC-2016 to begin at 09:30 duration: 12d language: E Filed on 10-DEC-2015 cc's sent to parties entered in J. & O. Book, volume 1286 page(s) 186 - 186 Transmittal letters placed on file

Toronto 01-DEC-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: A further case management teleconference will be held on January 13, 2016 at noon, to discuss any contemplated refusals motions. If required, the Court has set aside February 3 and 4, 2016 to hear any motions to compel and the matter will commence at 9:30 a.m. held by way of Conference Call in chambers Duration per day: 01-DEC-2015 from 12:30 to 12:40 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 10min Appearances: Ronald Dimock / Steven Garland (416) 971-7202 / (613) 232-2486 ext. 1258 representing Plaintiff Michael Charles (416) 957-1689 representing Defendant Minutes of Hearing entered in Vol. 942 page(s) 53 - 55 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 21-OCT-2015 re: Matter forwarded to Trial Judicial Administrator to fix Reference.

Letter from Defendant dated 29-SEP-2015 in response to the Order dated 28-SEP-2015, noting their concern with the preamble of the Order and the fact that they did not confirm the estimated hearing length would be 10 days (cc'd to all parties) received on 29-SEP-2015

Letter from Plaintiff dated 22-SEP-2015 noting that they are of the view that a two week trial in this matter is sufficient (cc'd to all parties) received on 22-SEP-2015

Acknowledgment of Receipt received from all parties (via fax confirmation) with respect to doc. 360 placed on file on 28-SEP-2015

Order dated 28-SEP-2015 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: "This Court orders that the scheduling of the hearing of the reference be and is hereby referred to the Office of the Chief Justice." Filed on 28-SEP-2015 copies sent to parties entered in J. & O. Book, volume 1278 page(s) 477 - 478 Interlocutory Decision

Toronto 28-SEP-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The court will refer this matter to the Chief Justice for a 10 day reference. held in chambers Duration per day: 28-SEP-2015 from 10:00 to 10:15 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Mr. Dimock 416-473-9560 representing Plaintiff Mr. Garland 613-232-2486 representing Plaintiff Mr. McIntosh 416-957-1677 representing Defendant Minutes of Hearing entered in Vol. 937 page(s) 336 - 337 Abstract of Hearing placed on file

Letter from Defendant dated 18-SEP-2015 re: Issues for a call in December including a possible extension to the estimated two week trial. received on 18-SEP-2015

Letter from Plaintiff dated 08-SEP-2015 confirming their request for a two week trial in Toronto during Q3 or Q4 2016 (cc'd to all parties) received on 08-SEP-2015

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 09-SEP-2015 directing that "The following directions, issued on January 15, 2015, was not received by the parties: 'Upon review of the submissions made by counsel regarding a timetable for the steps in this proceeding, I am satisfied that it would be just, most efficient, expeditious and cost-effective for the parties to conduct examinations for discovery in the usual way and not in a staggared/ bifurcated manner as proposed by the Defendant, examining the Plaintiff after the Plaintiff has made the election between profits and damages. Such staggared discovery will likely delay the final disposition of remedy through the serial rounds of examinations, refusals motions and re- attendances. Moreover, it may be that the Plaintiff will be better informed and in a better position to make an election after examinations of both parties on damages and profits as per the ordinary course - having examined the Defendant but also having been subject to inquiries that may yield insight into the strengths and weaknesses of one's own case for either damages or profits. Moreover, this proceeding was already bifurcated on the issues of liability and quantification of remedy, and having succeeded, Dow is entitled to pursue this remedy without delay. I also note that the parties are already familiar with the issues given, as the Plaintiff notes, the two previous trials involving the quantification of damages in corresponding U.S. litigation. Accordingly, in addition to the timelines already directed, the following timetable shall govern this proceeding: -First round of examinations for discovery to be completed by July 31, 2015; -Answers to undertakings/questions taken under advisement to be delivered by September 15, 2015; -Parties to requisition a case management teleconference by September 30, 2015 to schedule any motion arising from examinations for discovery, and to discuss the scheduling of the date for the hearing of the reference (if the parties are in agreement as to the timeframe for the reference and the hearing time required, they may confirm in wirting a joint request that the reference be scheduled before this cmc) -Further timetable shall be discussed at the above teleconference or upon the disposition of any refusals motion(s).' To take into accound the passage of time and the discussions on the case management teleconference of Friday September 4, 2015, the above schedule shall be revised to take into account the dates agreed to by the parties, namely September 11, 14 and 15, 2015 for Dow's discovery of Nova and October 28 and 29, 2015 for Nova's discovery of Dow - along with an additional 2 days in November if required. In additiona, the following steps shall govern this proceeding: -Answers to undertakings to be delivered by November 23, 2015; -A case management teleconference shall be conducted at 12:30 p.m. on December 1, 2015 to schedule any motion arising from examination for discovery, and to discuss the scheduling of the date for the hearing of the reference (note: if the parties are in agreement as to the timeframe for the reference and the hearing time required, they may confirm in writing a joint request that the reference be scheduled before this cmc) -A further timetable shall be discussed at the above teleconference or upon the disposition of any refusals motion(s)." placed on file on 09-SEP-2015 Confirmed in writing to the party(ies)

Toronto 04-SEP-2015 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Plaintiff to provide a one page letter confirming their request for a trial date, including preferred time of year and venue and estimated duration held by way of Conference Call in chambers Duration per day: 04-SEP-2015 from 09:30 to 09:50 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 20min Appearances: Ronald Dimock / Steven Garland (416) 473-9560 / (613) 232-2486 ext. 1258 representing Plaintiff Michael Charles (416) 957-1689 representing Defendant Minutes of Hearing entered in Vol. 935 page(s) 440 - 442 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 03-SEP-2015 directing that a case management teleconference will be held on Friday, September 4, 2015 at 10:00 a.m. (NOTE: Parties advised via electronic mail) placed on file on 03-SEP-2015

Letter from Defendant dated 31-AUG-2015 in response to the Plaintiffs' letter dated 28-AUG-2015, noting that a case management conference is not necessary (cc'd to P's counsel) received on 31-AUG-2015

Letter from Plaintiff dated 28-AUG-2015 further to their letter of August 7, 2015 requesting a case management conference and requesting directions from the Court permitting it to conduct parto fo its examination for discovery in writing (cc'd to D's counsel) received on 28-AUG-2015

Letter from Plaintiff dated 06-AUG-2015 in response to the Defendant's letter and respectfully requesting a case management conference (cc'd to D's counsel) received on 06-AUG-2015

Letter from Defendant dated 05-AUG-2015 further to their letter of 6-JUL-2015 and the Plaintiffs' letter of 4-AUG- 2015, noting that there is no need to discuss scheduling a case management conference (cc'd to all parties) received on 05-AUG-2015

Letter from Defendant dated 04-AUG-2015 further to their letter of July 6, 2015 and the Plaintiff's letter of August 4, 2015 (cc'd to all parties) received on 04-AUG-2015

Letter from Plaintiff dated 04-AUG-2015 further to their letter of July 10, 2015, providing further availability for a case management conference (cc'd to all parties) received on 04-AUG-2015

Letter from Plaintiff dated 10-JUL-2015 re: responding to the July 6 letter received on 10-JUL-2015

Letter from Defendant dated 07-JUL-2015 advising of an issue that has arisen due to being notfied by the Plaintiffs' solicitor regarding examinations for discovery (cc'd to all parties) received on 06-JUL-2015

Certified French language Translation of Reasons for Judgment rendered on 05-SEP-2014 by The Honourable Mr. Justice O'Keefe filed on 18-FEB-2015 pursuant to s. 20 of the Official Languages Act.

Communication to the Court from the Registry dated 30-JAN-2015 re: D's letter dated 29-JAN-2015 sent directly to O'Keefe J. via electronic mail

Letter from Defendant dated 29-JAN-2015 in response to the Plaintiffs' letter dated 27-JAN-2015 (cc'd to P's counsel ) received on 29-JAN-2015

Communication to the Court from the Registry dated 29-JAN-2015 re: P's letter sent to direct attention of O'Keefe J. via electronic mail

Letter from Plaintiff dated 27-JAN-2015 with respect to issue of costs and enclose copy of FCA decision (A-79-14) (cc'd to D's counsel) received on 28-JAN-2015

Solicitor's certificate of service on behalf of Michael E. Charles confirming service of doc 357 upon Plaintiff by telecopier on 23-JAN-2015 filed on 23-JAN-2015

Response to Statment of Issues on behalf of the Defendant filed on 23-JAN-2015

Letter from Defendant, NOVA dated 07-JAN-2015 in response to the Plaintiffs' submissions dated 6-JAN-2015 (cc'd to all parties) received on 07-JAN-2015

Letter from Plaintiff dated 06-JAN-2015 in response to the submissions of the Defendants dated 6-JAN-2015 (cc'd to all parties) received on 06-JAN-2015

Letter from Plaintiff dated 05-JAN-2015 with enclosed submissions re: Discovery Process (cc'd to all parties) received on 05-JAN-2015

Solicitor's certificate of service on behalf of Michael E. Charles confirming service of doc 355 & Authorities upon Plaintiff by email on 05-JAN-2015 filed on 05-JAN-2015

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 05-JAN-2015

Written Representations on behalf of Defendant concerning scheduling of exam. for discovery after election (further to cmc of 17-DEC) filed on 05-JAN-2015

Toronto 15-DEC-2014 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: 1. Statement of Issues - January 23, 2015. 2. Request for documentary productions: a. Plaintiff - December 31, 2014. b. Defendant - January 31, 2015. 3. Exchange of affidavits - April 30, 2015. The parties will discuss the schedule with each other and submit a schedule with respect to discovery - this should be done no later than January 5, 2015. held in chambers Duration per day: 17-DEC-2014 from 10:45 to 11:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 35min Appearances: Mr. Dimock 416-971-7202 representing Plaintiff Mr. Garland 613-232-2486 representing Plaintiff Mr. Charles/Mr. Spicer 416-957-1689 representing Defendant Minutes of Hearing entered in Vol. 919 page(s) 411 - 412 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 04-DEC-2014 directing that a case management teleconference will be held on December 17, 2014 at 11:00 a.m. (NOTE: Parties advised via electronic mail) placed on file on 04-DEC-2014

Letter from Plaintiff dated 05-DEC-2014 providing status update and proposed timetable for next steps in proceeding (cc'd to D's counsel) received on 03-DEC-2014

Letter from Defendant dated 03-DEC-2014 providing status update and noting that they will not be in a position to speak to a firm schedule until the week of December 15, 2014 (cc'd to P's counsel) received on 03-DEC-2014

Acknowledgment of Receipt received from 3 counsel for the parties with respect to Order(Crampton, C.J.) doc. no. 354 dated 18-NOV-2014 placed on file on 18-NOV-2014

Order dated 18-NOV-2014 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Reference Result: "The reference shall be conducted as a specially managed proceeding; Pursuant to Rule 383, Prothonotary Martha Milczynski is assigned as Case Management Judge in this matter. The designation of a referee for the purpose of hearing the reference shall be made by the Chief Justice, pursuant to Rule 153(1), at the approporiate time." Filed on 18-NOV-2014 copies sent to parties by facsimile. entered in J. & O. Book, volume 1249 page(s) 80 - 81 Interlocutory Decision

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 18-NOV-2014 directing that "The parties shall, within fifteen (15) days of the date of this direction, submit an update as to the status of the proceeding and a joint proposed timetable for the remaining steps together with dates/times of mutual availability for a case management teleconference." placed on file on 18-NOV-2014 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 29-OCT-2014 re: Cost submissions (judge's copy) forwarded to Justice O'Keefe

Communication to the Court from the Registry dated 22-OCT-2014 re: To CJ's office to schedule a Reference hearing

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of doc 352 and book of authorities upon Defendant by personal service on 24-OCT-2014 filed on 24-OCT-2014

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 24-OCT-2014

Written Submissions on behalf of Plaintiff concerning Costs filed on 24-OCT-2014

Solicitor's certificate of service on behalf of Daniel S. Davies confirming service of 349 350 upon Defendant by courier on 21-OCT-2014 filed on 21-OCT-2014

Statement of Issues on Reference received from Plaintiff filed on 21-OCT-2014

Requisition for hearing - Reference from Plaintiff filed on 21-OCT-2014

Covering letter from Plaintiff dated 21-OCT-2014 concerning Requisition for Reference and Statement of Issues pursuant to Rule 155 placed on file on 21-OCT-2014

Plaintiffs' Brief on Admissibility of Expert Reports (Judge's Copy) received at hearing on 22-OCT-2013

Annotations of the Plaintiffs' Read-Ins (Judge's Copy) received at hearing on 17-SEP-2013

Written directions received from the Court: The Honourable Mr. Justice O'Keefe dated 30-SEP-2014 directing that A) THE PLAINTIFFS ARE RELIEVED FROM THE REQUIREMENT, IF ANY, TO FILE A MOTION FOR DIRECTIONS AS CONTEMPLATED IN THE BIFURCATION ORDER; B) THE PLAINTIFFS MAY PROCEED WITH INITIATING THE QUANTIFICATION REFERENCE BY FILING A REQUISITION FOR REFERENCE AND STATEMENT OF ISSUES; C) THIS MATTER BE REFERRED TO THE CHIEF JUSTICE OF THE FEDERAL COURT FOR APPOINTMENT OF A REFERENCE JUDGE AND CASE MANAGEMENT JUDGE; AND D) THAT FURTHER DIRECTIONS AS TO THE PROCEDURE TO BE FOLLOWED ON THE REFERENCE, INCLUDING THE STEPS IN THE REFERENCE AND AN APPROPRIATE TIMETABLE, SHALL BE DETERMINED BY THE REFERENCE JUDGE, OR THE CASE MANAGEMENT JUDGE, ONCE ASSIGNED. placed on file on 30-SEP-2014 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 29-SEP-2014 further to the Plaintiffs' letter dated 08-AUG-2014, counsel is seeking directions relating to the qunatification reference in this matter. received on 29-SEP-2014

Brief of Dr. Shih-Yaw Lai's Documents on behalf of the Plaintiff (Judge's Copy) received at hearing on 16-SEP-2013

Nova's Book of Issues on behalf of the Defendant (Judge's Copy) received at hearing on 10-SEP-2013

Compendium of Documents on behalf of the Plaintiffs (Judge's Copy) received at hearing on 24-SEP-2013

Technical Primer on behalf of the Plaintiffs (Judge's Copy) received at hearing on 09-SEP-2013

U.S. Surpass Lawsuit on behalf of the Plaintiffs (Judge's Copy) received at hearing on 09-SEP-2013

The Dow Opening Statement on behalf of the Plaintiffs (Judge's Copy) received at hearing on 09-SEP-2013

Solicitor's certificate of service on behalf of Michael Charles confirming service of doc 347 and book of authorities upon Plaintiff by personal service on 25-SEP-2014 filed on 25-SEP-2014

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 25-SEP-2014

Sealed envelope pursuant to protective order dated 21-jun-2011 on behalf of Defendant purporting to contain defendants submissions on cost volume 1-4 Filed on 25-SEP-2014

MEMORANDUM to CASE MANAGEMENT JUDGE, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing copy of Notice of Appeal filed 29-AUG-2014 in Federal Court of Appeal file A-379-14, appealing Judgment of O'Keefe, J. dated 7-MAY-2014; appeal filed by the Defendant. Sent by internal mail on 9-SEP-2014. placed on file on 09-SEP-2014

Copy of Notice of Appeal (Appeal Court File No. A-379-14 ) appealing Judgment of O'Keefe, J. dated 7-MAY-2014 filed in the Court of Appeal on 29-AUG-2014 on behalf of Defendant placed on file on 09-SEP-2014

Acknowledgment of Receipt received from 3 counsel for the parties by fax on 5-SEP-2014 with respect to Reasons for Judgment doc. # 346 of O'Keefe, J. dated and filed 5-SEP-2014 placed on file on 05-SEP-2014

Reasons for Judgment dated 05-SEP-2014 rendered by The Honourable Mr. Justice O'Keefe The Court's decision is with regard to Trial of the matter Filed on 05-SEP-2014 Copies sent to 3 counsel for the parties by fax on 5-SEP-2014

Communication to the Court from the Registry dated 02-SEP-2014 re: Plaintiff's submissions on costs

Solicitor's certificate of service on behalf of THOMAS KURYS confirming service of DOC 344 and BOOK OF AUTHORITIES upon Defendant by process server on 27-AUG-2014 filed on 27-AUG-2014

BOOK OF AUTHORITIES-COSTS SUBMISSIONS consisting of 1 volume(s) on behalf of PLAINTIFFS received on 27-AUG-2014

PLAINTIFFS' COSTS SUBMISSIONS filed on 27-AUG-2014

Letter from Plaintiff dated 08-AUG-2014 We are co-counsel for the plaintiffs in the matter. Please bring this letter to the attention of the trial judge, Justice O'Keefe... CC Defendant's -- Scanned to Justice O'Keefe -- received on 08-AUG-2014

COnfirmation printout of receipt by fax of the Confidential Reasons for Judgment of Mr. Justice O'Keefe dated 30-JUL-2014. Parties were advised by phone prior to the faxing of the confidential reasons placed on file on 30-JUL-2014

Reasons for Judgment (CONFIDENTIAL) dated 30-JUL-2014 rendered by The Honourable Mr. Justice O'Keefe The Court's decision is with regard to Trial of the matter Filed on 30-JUL-2014 Copies sent to parties

Certified French language Translation of Reasons for Order and Order rendered on 25-OCT-2012 by The Honourable Mr. Justice O'Keefe filed on 15-JUL-2014 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Order entered in J. & O. Book, volume 1237 page(s) 164 - 164 and copy placed on file.

Certified French language Translation of Judgment rendered on 07-MAY-2014 by The Honourable Mr. Justice O'Keefe filed on 23-JUN-2014 pursuant to s. 20 of the Official Languages Act. entered in J. & O. Book, volume 1234 page(s) 409 - 412

MEMORANDUM to Case Management Judge, Milczynski, P., from Cynthia Leaver, Ottawa Registry, enclosing copy of Order of Sharlow, J.A. dated 3-JUN-2014 and filed in Federal Court of Appeal file 14-A-33. Sent by internal mail on 5-JUN-2014. placed on file on 05-JUN-2014

Copy of Order dated 03-JUN-2014 rendered by The Honourable Madam Justice Sharlow placed on file. Original filed on Court File No. 14-A-33

Oral directions received from the Court: The Honourable Mr. Justice O'Keefe dated 26-MAY-2014 directing that further to the correspondence of the Plaintiff, on behalf of the parties, the Court is in agreement with the schedule for costs submissions outlined in Plaintiff's letter dated 20-MAY-2014 placed on file on 26-MAY-2014 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 20-MAY-2014 re: P's letter dated 20-MAY-2014 (NOTE: Sent to O'Keefe J.)

Letter from Plaintiff dated 20-MAY-2014 with parties' proposed schedule for costs (cc'd to all parties) received on 20-MAY-2014

Judgment dated 07-MAY-2014 rendered by The Honourable Mr. Justice O'Keefe Matter considered with personal appearance The Court's decision is with regard to Trial of the matter Result: Plaintiff's claim is granted; Defendant's counterclaim is dismissed Filed on 07-MAY-2014 certified copies sent to parties entered in J. & O. Book, volume 1230 page(s) 16 - 18 Final Decision

Order dated 07-MAY-2014 rendered by The Honourable Mr. Justice O'Keefe Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 334 Result: 1) The following paragraphs are hereby added to the 27-APR-2011 scheduling order of Prothonotary Milczynski nunc pro tunc and are retroactively effective from the date of its issuance; 2) - 5) see the order Filed on 07-MAY-2014 certified copies sent to parties entered in J. & O. Book, volume 1230 page(s) 12 - 14 Interlocutory Decision

Payment of Court fees (ARV#1470) in the amount of $5,175.00 received by Finance on March 14, 2014 placed on file on 18-MAR-2014

Payment of Court fees (ARV#1469) in the amount of $5,175.00 received by Finance on February 24, 2014 placed on file on 18-MAR-2014

Request for payment of Court fees (ARV#1470) in the amount of $5175.00 sent to Bereskin & Parr dated February 12, 2014

Request for payment of court fees (ARV#1469) in the amount of $5175.00 sent to Dimock Stratton LLP dated February 12, 2014

Memorandum to file regarding Recovery of fees for 32 day trial in Toronto, Ontario. Spoke to Mr. Dimock, Counsel for the Plaintiffs, and he confirmed that the invoice for the plaintiff should be sent to his firm only as they are the only counsel on record for the Plaintiffs placed on file on 11-FEB-2014

Toronto 09-SEP-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Trial in this action Result of Hearing: Matter reserved held in Court Senior Usher: Lisa Turado 09-SEP-2013 Bill Evans 10-SEP-2013 Bill Evans 11-SEP-2013 Bill Evans 12-SEP-2013 Bill Evans 13-SEP-2013 Lisa Turado 16-SEP-2013 Lisa Turado 17-SEP-2013 Lisa Turado 18-SEP-2013 Lisa Turado 19-SEP-2013 Bill Evans 23-SEP-2013 Bill Evans 24-SEP-2013 Bill Evans 25-SEP-2013 Bill Evans 26-SEP-2013 Greg Nevin 30-SEP-2013 Greg Nevin 01-OCT-2013 Frank Kurina 07-OCT-2013 Frank Kurina 08-OCT-2013 Frank Kurina 09-OCT-2013 Frank Kurina 10-OCT-2013 Bill Evans 15-OCT-2013 Bill Evans 16-OCT-2013 Bill Evans 17-OCT-2013 Bill Evans 21-OCT-2013 Bill Evans 22-OCT-2013 Bill Evans 23-OCT-2013 Bill Evans 24-OCT-2013 Bill Evans 28-OCT-2013 Bill Evans 29-OCT-2013 Bill Evans 30-OCT-2013 Bill Evans 05-NOV-2013 Bill Evans 06-NOV-2013 Bill Evans 07-NOV-2013 Duration per day: 09-SEP-2013 from 09:30 to 15:55 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 10-SEP-2013 from 09:30 to 16:00 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 11-SEP-2013 from 09:35 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 12-SEP-2013 from 10:05 to 16:20 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 13-SEP-2013 from 09:30 to 15:10 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 16-SEP-2013 from 09:30 to 15:20 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 17-SEP-2013 from 09:35 to 16:05 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 18-SEP-2013 from 09:30 to 16:20 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 19-SEP-2013 from 09:30 to 15:30 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 23-SEP-2013 from 09:53 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 24-SEP-2013 from 09:38 to 16:15 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 25-SEP-2013 from 09:30 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 26-SEP-2013 from 09:40 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 30-SEP-2013 from 09:35 to 16:20 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 01-OCT-2013 from 09:30 to 15:40 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 07-OCT-2013 from 09:30 to 16:10 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 08-OCT-2013 from 09:30 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 09-OCT-2013 from 09:30 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 10-OCT-2013 from 09:30 to 16:15 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 15-OCT-2013 from 13:22 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 16-OCT-2013 from 09:30 to 16:03 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 17-OCT-2013 from 09:40 to 16:15 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 21-OCT-2013 from 09:30 to 16:35 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 22-OCT-2013 from 09:30 to 16:15 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 23-OCT-2013 from 09:30 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 24-OCT-2013 from 09:30 to 16:25 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 28-OCT-2013 from 09:30 to 16:20 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 29-OCT-2013 from 09:30 to 16:15 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Abigail Grimes 30-OCT-2013 from

Court reporter invoice no. 23828 (sitting fee/transcript 5,6,7-Nov-2013) from ASAP received on 14-NOV-2013

Transcript of hearing held at Toronto on 07-NOV-2013 received on 08-NOV-2013 Sent directly to presiding Judge 123 pages (including covering pages).

Book of Authorities consisting of 6 volume(s) on behalf of Plaintiff received on 07-NOV-2013 Sent directly to Presiding Judge

Sealed envelope pursuant to Order dated 27-JUN-2011 on behalf of Plaintiff purporting to contain The Plaintiffs' Reply Filed at hearing on 07-NOV-2013

Sealed envelope pursuant to Order dated 27-JUN-2011 on behalf of Plaintiff purporting to contain Compendium Re: Promise of the Patent and SHC Insufficiency received at hearing on 07-NOV-2013

Sealed envelope pursuant to Order dated 27-JUN-2011 on behalf of Plaintiff purporting to contain Memorandum of Fact, Law and Argument re: Validity Filed at hearing on 07-NOV-2013

Motion Record containing the following original document(s): 334 335 Number of copies received: 3 on behalf of Plaintiff filed at hearing on 07-NOV-2013

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 334 filed at hearing on 07-NOV-2013

Draft Order concerning Motion Doc. No. 334 received at hearing on 07-NOV-2013

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable 07-NOV-2013 for an Order nunc pro tunc correcting the Scheduling Order of Milczynski, P dated 27-APR-11; and other such relief filed at hearing on 07-NOV-2013 Draft Order\\Judgment received.

Transcript of hearing held at Toronto on 06-NOV-2013 received on 07-NOV-2013 Sent directly to presiding Judge 137 pages (including covering pages).

Book of Authorities and CD containing Book of Authorities consisting of 5 volume(s) on behalf of Defendant received on 06-NOV-2013 Sent directly to Presiding Judge

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Defendant purporting to contain Submissions on Dow's Objection to Paragraphs 30-48 of Dr. Speed's July 15, 2013 Expert Report (2 copies) Filed at hearing on 06-NOV-2013

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Defendant purporting to contain Appendices to Nova Chemicals Corporation's Closing Submissions (2 copies) received at hearing on 06-NOV-2013

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Defendant purporting to contain Nova Chemicals Corporation's Closing Submissions (2 copies) Filed at hearing on 06-NOV-2013

Transcript of hearing held at Toronto on 05-NOV-2013 received on 06-NOV-2013 Sent directly to presiding Judge 146 pages (including covering pages).

Sealed envelope pursuant to Order 21-JUN-2011 on behalf of Plaintiff purporting to contain Compendium Re: SHC Construction and Infringement received at hearing on 05-NOV-2013

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Plaintiff purporting to contain Memorandum of Fact, Law and Argument Re: Expert Witnesses (2 copies) Filed at hearing on 05-NOV-2013

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Plaintiff purporting to contain Memorandum of Fact, Law and Argument Re: Claim Construction (2 copies) Filed at hearing on 05-NOV-2013

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Plaintiff purporting to contain Memorandum of Fact, Law and Argument Re: Infringement (2 copies) Filed at hearing on 05-NOV-2013

Sealed envelope pursuant to Order dated 21-JUN-2011 on behalf of Plaintiff purporting to contain Memorandum of Fact, Law and Argument Re: Remedies (2 copies) Filed at hearing on 05-NOV-2013

Court reporter invoice no. 23729(sitting fee/transcript28to30Oct2013) from ASAP received on 04-NOV-2013

Court reporter invoice no. 23598(sitting fee/transcript 21to24 Oct.2013) from ASAP received on 29-OCT-2013

Nova's response to Dow's correspondence dated 04-NOV-2013 (1 copy only - Judge's copy)_ received at hearing on 05-NOV-2013

Letter from Plaintiff dated 04-NOV-2013 indicating that prior to the beginning of argument the Plaintiffs wish to raise a preliminary issue received on 04-NOV-2013

Memorandum to file from A. Grimes, Toronto dated 31-OCT-2013 Transcripts from the week of 28-OCT-2013 are 28 lines per page each placed on file.

Transcript of hearing held at Toronto on 30-OCT-2013 received on 31-OCT-2013 Sent directly to presiding Judge 129 pages (including covering pages).

Transcript of hearing held at Toronto on 29-OCT-2013 received on 30-OCT-2013 Sent directly to presiding Judge 206 pages (including covering pages).

Transcript of hearing held at Toronto on 28-OCT-2013 received on 29-OCT-2013 Sent directly to presiding Judge 157 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 25-OCT-2013 Transcripts for the week of October 21st are 28 lines per page each placed on file.

Transcript of hearing held at Toronto on 24-OCT-2013 received on 25-OCT-2013 Sent directly to presiding Judge 195 pages (including covering pages).

Transcript of hearing held at Toronto on 23-OCT-2013 received on 24-OCT-2013 Sent directly to presiding Judge 191 pages (including covering pages).

Transcript of hearing held at Toronto on 22-OCT-2013 received on 23-OCT-2013 Sent directly to presiding Judge 183 pages (including covering pages).

Court reporter invoice no. 23520 (sitting fee/transcript 15 to 17 Oct.2013) from ASAP received on 22-OCT-2013

Transcript of hearing held at Toronto on 21-OCT-2013 received on 22-OCT-2013 Sent directly to presiding Judge 194 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 21-OCT-2013 Transcripts from the week of October 15th were each 28 lines per page placed on file.

Transcript of hearing held at Toronto on 17-OCT-2013 received on 19-OCT-2013 Sent directly to presiding Judge 160 pages (including covering pages).

Court reporter Invoice no. 23432 (sitting fee/transcript 7 to 10-Oct-2013) from ASAP received on 18-OCT-2013

Transcript of hearing held at Toronto on 16-OCT-2013 received on 17-OCT-2013 Sent directly to presiding Judge 169 pages (including covering pages).

Transcript of hearing held at Toronto on 15-OCT-2013 received on 16-OCT-2013 Sent directly to presiding Judge 111 pages (including covering pages).

Transcript of hearing held at Toronto on 10-OCT-2013 received on 11-OCT-2013 Sent directly to presiding Judge 192 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 11-OCT-2013 Transcripts for the week of Oct 7th were all 28 lines per page placed on file.

Transcript of hearing held at Toronto on 09-OCT-2013 received on 10-OCT-2013 Sent directly to presiding Judge 212 pages (including covering pages).

Transcript of hearing held at Toronto on 08-OCT-2013 received on 09-OCT-2013 Sent directly to presiding Judge 200 pages (including covering pages).

Transcript of hearing held at Toronto on 07-OCT-2013 received on 08-OCT-2013 Sent directly to presiding Judge 175 pages (including covering pages).

Court reporter invoice no. 23325 (sitting fee/transcript 30 Sep/1 Oct 2013) from ASAP received on 07-OCT-2013

Court Reporter Invoice No. 23240 (sitting fee/transcript 23 to 26 Sep.2013) from ASAP received on 02-OCT-2013

Memorandum to file from A. Grimes, Toronto dated 03-OCT-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 01-OCT-2013 received on 02-OCT-2013 Sent directly to presiding Judge 207 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 01-OCT-2013 Transcript is 28 lines per page placed on file.

Transcript of hearing held at Toronto on 30-SEP-2013 received on 01-OCT-2013 Sent directly to presiding Judge 221 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 30-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 26-SEP-2013 received on 30-SEP-2013 Sent directly to presiding Judge 209 pages (including covering pages).

Court reporter invoice no. 23058 (sitting fee/transcript 16 to 19 Sep,2013) from ASAP received on 24-SEP-2013

Court reporter invoice no. 22992 (sitting fee/transcript 9 to 13 Sep,2013) from ASAP received on 16-SEP-2013

Memorandum to file from A. Grimes, Toronto dated 26-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 25-SEP-2013 received on 26-SEP-2013 Sent directly to presiding Judge 159 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 25-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 24-SEP-2013 received on 25-SEP-2013 Sent directly to presiding Judge 184 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 24-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 23-SEP-2013 received on 24-SEP-2013 Sent directly to presiding Judge 141 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 23-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 19-SEP-2013 received on 23-SEP-2013 Sent directly to presiding Judge 179 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 19-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 18-SEP-2013 received on 19-SEP-2013 Sent directly to presiding Judge 187 pages (including covering pages).

Acknowledgment of Receipt received from 4 counsel for the parties by fax on 18-SEP-2013 with respect to Reasons for Order and Order doc. # 326 of Rennie, J., dated and filed 18-SEP-2013 placed on file on 18-SEP-2013

Reasons for Order and Order dated 18-SEP-2013 rendered by The Honourable Mr. Justice Rennie Matter considered without personal appearance The Court's decision is with regard to Order dated 13-JUN-2013 Result: "THIS COURT ORDERS that costs are fixed in the amount of $10,000.00 in favour of plaintiffs." Filed on 18-SEP-2013 certified copies sent to 4 counsel for the parties by fax on 18-SEP-2013 Transmittal Letters placed on file. Interlocutory Decision Copy of Reasons for Order and Order entered in J. & O. Book, volume 1205 page(s) 129 - 133

Memorandum to file from A. Grimes, Toronto dated 18-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 17-SEP-2013 received on 18-SEP-2013 Sent directly to presiding Judge 166 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 17-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 16-SEP-2013 received on 17-SEP-2013 Sent directly to presiding Judge 167 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 16-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 13-SEP-2013 received on 16-SEP-2013 Sent directly to presiding Judge 120 pages (including covering pages).

Transcript of hearing held at Toronto on 12-SEP-2013 received on 13-SEP-2013 Sent directly to presiding Judge 208 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 13-SEP-2013 Transcript contains 28 lines per page placed on file.

Memorandum to file from A. Grimes, Toronto dated 12-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 11-SEP-2013 received on 12-SEP-2013 Sent directly to presiding Judge 212 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 11-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 10-SEP-2013 received on 11-SEP-2013 Sent directly to presiding Judge 203 pages (including covering pages).

Memorandum to file from A. Grimes, Toronto dated 10-SEP-2013 Transcript contains 28 lines per page placed on file.

Transcript of hearing held at Toronto on 09-SEP-2013 received on 10-SEP-2013 Sent directly to presiding Judge 161 pages (including covering pages).

Letter of Request re: Dr. Pak-Wing Steve Chum (original hand delivered to Defendant) certified copy issued to Plaintiff filed on 03-SEP-2013

Toronto 03-SEP-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Trial Management Conference Result of Hearing: Parties and the Court determine the schedule for the first 2 weeks of trial. Parties to prepare a Joint Book of Documents and place confidential material in separate volume. Letter of Request for the Commission Evidence of Dr. Chum to be prepared by the Registry and issued out of Toronto today. Plaintiff's counsel to prepare a technical primer for the Court containing the non-contentious facts in the case for the Court's ease of reference. held by way of Conference Call Duration per day: 03-SEP-2013 from 09:00 to 09:35 Courtroom : Judge's Chambers - Toronto Court Registrar: Abigail Grimes Total Duration: 35mins Appearances: Mr. Dimock / Mr. Garland / Mr. Evans 416-972-7202 representing Plaintiff Mr. MacFarlane / Mr. Charles / Mr. Spicer 416-364-7311 representing Defendant Minutes of Hearing entered in Vol. 886 page(s) 14 - 16 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of docs. 322 and 323 upon Plaintiff by personal service on 22-AUG-2013 filed on 22-AUG-2013

Amended (Fresh As) Statement of Defence and Counterclaim with consent of Plaintiff filed on 22-AUG-2013

Consent on behalf of Defendant Plaintiff to Fresh As Amended Statement of Defence and Counterclaim filed on 22-AUG-2013

Acknowledgment of Receipt received from Defendant with respect to Reasons for Order and Order issued 3-SEP-2013. Confirmed by Robert MacFarlane. placed on file on 03-SEP-2013

Acknowledgment of Receipt received from Plaintiff with respect to Reasons for Order and Order issued 3-SEP-2013. Confirmed by Ron Dimock. placed on file on 03-SEP-2013

Writ of Subpoena Ad Testificandum issued on 03-SEP-2013 cc filed

Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant/Plaintiff by Counterclaim filed on 03-SEP-2013 Tariff any other proceeding - $30.00

Writ of Subpoena Ad Testificandum issued on 03-SEP-2013 cc filed

Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant/plaintiff by Counterclaim filed on 03-SEP-2013 Tariff any other proceeding - $30.00

Reasons for Order and Order dated 03-SEP-2013 rendered by The Honourable Mr. Justice O'Keefe Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 283 Result: granted in part Filed on 03-SEP-2013 copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1203 page(s) 358 - 359

Writ of Subpoena Ad Testificandum issued on 03-SEP-2013 cc filed

Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant/Plaintiff by Counterclaim filed on 03-SEP-2013 Tariff any other proceeding - $30.00

Writ of Subpoena Ad Testificandum issued on 03-SEP-2013 cc filed

Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant/Plaintiff by Counterclaim filed on 03-SEP-2013 Tariff any other proceeding - $30.00

Acknowledgment of Receipt received from all the parties with respect to Doc#312 (BY FAX) placed on file on 29-AUG-2013

Oral directions received from the presiding judge dated 29-AUG-2013 directing that a trial management conference shall be set down for 03-SEP-2013 at 9:00am via teleconference. placed on file on 29-AUG-2013

Letter from Defendant dated 23-AUG-2013 requesting that the letter and the expert reports be sent directly to the trial judge. received on 23-AUG-2013

Letter from Plaintiff dated 23-AUG-2013 requesting that the letter and the expert reports be sent directly to the trial judge. received on 23-AUG-2013

Reasons For for Order and Order (CONFIDENTIAL) dated 29-AUG-2013 rendered by The Honourable Mr. Justice O'Keefe Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 283 Result: granted Filed on 29-AUG-2013 copies sent to parties Interlocutory Decision Copy of Reasons for Order and Order entered in J. & O. Book, volume 1203 page(s) 199 - 206

Letter from Defendant to Federal Court dated 21-AUG-2013 Please bring this letter to the attention of Justice O'Keefe at the earliest convenience...We are writing to advise the court that Noval and Dow have reached an agreement in principle for Dow's withdrawal of the motion and Nova's withdrawal of the antitrust counterclaim from the case. The parties are preparing documentation to confirm and implement their agreement, and we expect to arrange for a discontinuance on consent and without costs in the coming days. As a result of this agreement, Nova and Dow are writing to advise you that they do not require a ruling from the Court in respect of the pending motion to strike... (Letter forwarded to Justice O'Keefe in person at the Toronto Registry) received on 21-AUG-2013

Letter from Defendant dated 12-AUG-2013 requesting facilities for the upcoming trial in the matter. received on 12-AUG-2013

Memorandum to file from Toronto CMT dated 01-AUG-2013 Counsel for the Defendant advised that they are considering a proposal by the Plaintiffs (re: letter dated 31-JUL-2013) and will advise the Court if the requested case management teleconference is still required placed on file.

Letter from Defendant dated 30-JUL-2013 requesting a case management teleconference to discuss the filing of a fresh as amended Statement of Defence and Counterclaim (cc'd to all parties) received on 30-JUL-2013

confirmation of motion for June 4/12 placed on file on 04-JUN-2012

Solicitor's certificate of service on behalf of Bentley Gaikis confirming service of Trial Record upon Defendant by personal service on 31-JUL-2013 filed on 31-JUL-2013

Sealed envelope pursuant to Confidentiality Order dated 21-JUN-2011 on behalf of Plaintiff purporting to contain Trial Record Filed on 31-JUL-2013

Trial Record on behalf of Plaintiffs (Public Version) filed on 31-JUL-2013

Covering letter from Plaintiff dated 03-JUL-2013 concerning Doc. No. 307 placed on file on 03-JUL-2013

Solicitor's certificate of service on behalf of Ryan Evans confirming service of doc. 307- Plaintiffs Cost Submissions upon Defendant by personal service on 03-JUL-2013 filed on 03-JUL-2013

Costs Submissions on behalf of the Plaintiffs. regarding the Order of Rennie J., on 13-jun-2013 filed on 03-JUL-2013

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of Doc 305 upon Plaintiff by personal service on 03-JUL-2013 filed on 03-JUL-2013

Written Costs submissions on behalf of Defendant concerning Order of Justice Rennie dated June 13, 2013 filed on 03-JUL-2013

Transcript of hearing held at Toronto on 27-JUN-2013 filed on 03-JUL-2013 Sent directly to presiding Judge 178 pages (including covering pages).

Toronto 27-JUN-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Motion Doc. No. 146 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: Lisa Torado Duration per day: 27-JUN-2013 from 09:30 to 15:45 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Heather Michaud Total Duration: 6h 15min Appearances: Michael D. Crinson & Bentley Gaikis 647-288-9529 representing Plaintiff Christopher P. Naude & Adam Hirsh 416-962-6811 representing Defendant Joshua W. Spicer 416-364-7311 representing Defendant Court Reporter: Anna Harkness - A.S.A.P. Reporting 1-888-661-2727 27-JUN-2013 Transcript requested by 05-JUL-2013 Minutes of Hearing entered in Vol. 883 page(s) 210 - 220 Abstract of Hearing placed on file

Toronto 19-JUN-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Motion Doc. No. 283 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: NOEL NATION Duration per day: 19-JUN-2013 from 09:37 to 11:40 Courtroom : Courtroom No. 5-D - Toronto Court Registrar: Maggie Lau Total Duration: 2H03MIN Appearances: MR. RONALD E. DIMOCK / MR. MICHAEL D. CRINSON 416.288.9524 representing PLAINTIFFS MR. MICHAEL CHARLES / MR. JOSHUA SPICER 416.364.7311 representing Defendant Court Reporter: NANCY LOWREY (A.S.A.P. REPORTING SERVICES) 416.861.8720 19-JUN-2013 Transcript not requested Minutes of Hearing entered in Vol. 883 page(s) 121 - 126 Abstract of Hearing placed on file

Affidavit of service of Marty Hounsell sworn on 24-JUN-2013 on behalf of Defendant confirming service of Doc. 302 and the Book of Authorities upon Plaintiff by personal service on 24-JUN-2013 filed on 24-JUN-2013

Book of Authorities consisting of 2 volume(s) on behalf of Defendant received on 24-JUN-2013

Motion Record in response to Motion Doc. No. 146 containing the following original document(s): 301 Number of copies received: 3 on behalf of Defendant filed on 24-JUN-2013

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 146 filed on 24-JUN-2013

Communication to the Court from the Registry dated 18-JUN-2013 re: P's letter dated 18-JUN-2013 sent directly to O'Keefe J.

Letter from Plaintiff dated 18-JUN-2013 noting that following the motion scheduled before O'Keefe J. on 19-JUN-2013 would be an opportune time to discuss who the parties should proceed with respect to providing a technical primer/seminar for trial (cc'd to all parties) received on 18-JUN-2013

Acknowledgment of Receipt received from all parties (via fax confirmation) with respect to doc. 300 placed on file on 17-JUN-2013

Order dated 17-JUN-2013 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 278 Result: dismissed "...in the event the parties cannot agree on costs, they may requisition a case mangement teleconference to address the matter." Filed on 17-JUN-2013 entered in J. & O. Book, volume 1196 page(s) 229 - 233 Interlocutory Decision

Solicitor's certificate of service on behalf of Michael Crinson confirming service of doc 298 upon Defendant & Osler, Hoskin & Harcourt LLP by personal service on 14-JUN-2013 filed on 14-JUN-2013

Motion Record containing the following original document(s): 296 297 Number of copies received: 3 on behalf of Plaintiff filed on 14-JUN-2013

Written Submissions contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 283 filed on 14-JUN-2013

Affidavit of Wendy Reilly sworn on 14-JUN-2013 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 283 with Exhibits A-C filed on 14-JUN-2013

E-MAIL to Toronto Case Management Team, attaching copy of Reasons for Order and Order of Rennie, J., dated & filed 13-JUN-2013 and asking that a copy be forwarded to Case Management Judge, Milczynski, P. Sent on 13-JUN-2013. placed on file on 13-JUN-2013

Acknowledgment of Receipt received from 4 counsel for the parties by fax on 13-JUN-2013 with respect to Reasons for Order and Order doc. # 295 of Rennie, J., dated and filed 13-JUN-2013. placed on file on 13-JUN-2013

Reasons for Order and Order dated 13-JUN-2013 rendered by The Honourable Mr. Justice Rennie Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 248 Result: "THIS COURT ORDERS that the motion for an order allowing the appeals is dismissed, with costs. Submissions on costs may be made within twenty days of the date of this decision." Filed on 13-JUN-2013 certified copies sent to 4 counsel for the parties by fax on 13-JUN-2013 Transmittal Letters placed on file. Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1196 page(s) 141 - 141

Solicitor's certificate of service on behalf of Michael Crinson confirming service of book of authorities upon Plaintiff by personal service on 12-JUN-2013 filed on 12-JUN-2013

Book of Authorities consisting of 2 volume(s) on behalf of Plaintiff received on 12-JUN-2013

Communication to the Court from the Registry dated 06-JUN-2013 re: D's letter dated 6-JUN-2013

Letter from Defendant dated 06-JUN-2013 providing their availabilit for a case management conference to discuss their motion for commission evidence (cc'd to all parties) received on 06-JUN-2013

Charlottetown 07-JUN-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Case Management Conference to schedule the hearing of the Motion to Strike and the Motion on commissioned evidence. Result of Hearing: The motion to strike will be heard on June 27th and 28th, 2013. The Responding material is to be filed by June 24th, 2013. The motion for commissioned evidence will be heard on June 19, 2013. The Responding material is to be filed by June 14th, 2013. held by way of Conference Call in chambers Duration per day: 07-JUN-2013 from 14:17 to 14:25 Courtroom : Judge's Chambers - Ottawa Court Registrar: Marc Medas Total Duration: 8 mins Appearances: Mr. Ron Dimock and Ms. Angela Furlanetto (647)288-9530 representing the Plaintiffs Mr. Steve Garland (613)232-2486 representing the Plaintiffs Mr. Michael Charles and Mr. Andrew McIntosh (416)957-1689 representing the Defendant Mr. Christopher Naudie (416)862-6811 representing Defendant Minutes of Hearing entered in Vol. 882 page(s) 109 - 111 Abstract of Hearing placed on file

Charlottetown 06-JUN-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Case Management Conference Result of Hearing: The parties are to request a further case management conference to discuss the scheduling of the Motion for Commissioned evidence and the Motion to Strike held by way of Conference Call Duration per day: 06-JUN-2013 from 10:05 to 10:24 Courtroom : Judge's Chambers - Ottawa Court Registrar: Marc Medas Total Duration: 19 mins Appearances: Mr. Ron Dimock, Ms. Angela Furlanetto, Mr. Michael Crinson (647)288-9524 representing the Plaintiffs Mr. Steve Garland (613)232-2486 representing the Plaintiffs Mr. Michael Charles, Mr. Joshua Spicer (416)957-1689 representing the Defendant Mr. Christopher Naudie (416)862-6811 representing the Defendant Minutes of Hearing entered in Vol. 882 page(s) 38 - 41 Abstract of Hearing placed on file

Toronto 03-JUN-2013 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 278 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: Dave Patterson Duration per day: 03-JUN-2013 from 13:00 to 14:01 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Alice Prodan Gil Total Duration: 1h1min Appearances: Michael D. Crinson / Ryan T. Evans 416-971-7202 representing Plaintiff Joshua W. Spicer 416-364-7311 representing Defendant Adam Hirsh 416-362-2111 representing Defendant Minutes of Hearing entered in Vol. 882 page(s) 34 - 37 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Michael D. Crinson confirming service of doc. #291 & 292 upon Defendant by personal service on 30-MAY-2013 filed on 30-MAY-2013

Sealed envelope pursuant to the Protective Order dated 21-JUN-2012 on behalf of Plaintiff purporting to contain Plaintiff's Responding Motion Record doc. #291 Filed on 30-MAY-2013

Motion Record in response to Motion Doc. No. 278 containing the following original document(s): 289 290 Number of copies received: 3 on behalf of Plaintiff filed on 30-MAY-2013

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 278 filed on 30-MAY-2013

Affidavit of CYNTHIA MAZZONE sworn on 30-MAY-2013 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 78 with Exhibits "A"-"N" filed on 30-MAY-2013

Correction to General Sitting concerning Motion Doc. No. 278 Hearing added to General Sitting at Toronto on 03-JUN-2013 at 09:30 duration: 1h Language: E Reason for correction: Per direction of Milczynski CMJ (see abstract of 27-MAY-2013) NOTE: MOTION TO BE ARGUED AT 1:00 P.M.

Toronto 27-MAY-2013 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Defendant's motion re: compel undertakings, will be heard at General Sittings on 3-JUN-2013 at 1:00 p.m. held by way of Conference Call in chambers Duration per day: 27-MAY-2013 from 01:00 to 01:10 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 10min Appearances: Ms. Angela Furlanetto / Mr. Michael Crinson / Mr. Steven Garland (647) 288-9530 / (416) 971-7202 / (613) 232-2486 ext. 1258 representing Plaintiff Mr. Josh Spicer / Mr. Adam Hirsh (416) 957-1649 / (416) 862-6635 representing Defendant Comments: The Plaintiff's responding motion material is to be served and filed by noon on May 30, 2013. Minutes of Hearing entered in Vol. 881 page(s) 224 - 225 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 24-MAY-2013 re: Defendant's Motion (document #283) sent to the Trial Judge to be scheduled.

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of Motion Record Doc.287 and Book of Authorities upon Plaintiff by personal service on 17-MAY-2013 filed on 17-MAY-2013

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 17-MAY-2013

Motion Record containing the following original document(s): 283 284 285 Number of copies received: 3 on behalf of Defendant (2 volumes - Vol.2 Confidential) filed on 17-MAY-2013

Written Representations (Confidential) contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 283 filed on 17-MAY-2013

Affidavit of Margueritta Leal (Confidential in part) sworn on 17-MAY-2013 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 283 with Exhibits A-H filed on 17-MAY-2013

Affidavit of Pamela L. Hohensee sworn on 10-MAY-2013 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 283 with Exhibits A-F filed on 17-MAY-2013

Notice of Motion contained within a Motion Record on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order that the Administrator prepare and issue a commission; two letters of request; cross-examination of Dr.Pak-Wing Steve Chum and Ronald P. Markovich ; and other relief filed on 17-MAY-2013

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 17-MAY-2013 directing that Nova's motion for comission and letters of request shall be heard by the Trial Judge at a time and date to be set. Any confidential information may be filed under seal for the purpose of the motion under the same terms as previous refusal motions. placed on file on 17-MAY-2013

Solicitor's certificate of service on behalf of Donald M. Cameron confirming service of confidential & non-confidential motion record doc#281 upon Plaintiff by personal service on 17-MAY-2013 filed on 17-MAY-2013

Motion Record containing the following original document(s): 278 279 280 Number of copies received: 3 on behalf of Defendant 2volumes (vol. 1 public version, vol. 2 seal) filed on 17-MAY-2013

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 278 filed on 17-MAY-2013

Affidavit of Margueritta Leal sworn on 16-MAY-2013 contained within a Motion Record on behalf of Defendant previously filed (doc#279) with Exhibits seal A&E only received on 17-MAY-2013

Affidavit of Margueritta Leal sworn on 16-MAY-2013 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 278 with Exhibits A-F filed on 17-MAY-2013

Notice of Motion contained within a Motion Record on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order 1. that Dow fulfill its undertaking to advise which portions of the inventor examinations for discovery identified by Nova that it adopts as its own evidence, within 14 days; and other such relief; Solicitors for Defendant Joshua Spicer (416)364-7311 filed on 17-MAY-2013

Communication to the Court from the Registry dated 15-MAY-2013 re: P's letter dated 15-May-2013

Letter from Plaintiff dated 15-MAY-2013 in response to the Defendant's letter of 14-MAY-2013 "...the plaintiffs have advised the defendant that if it is determined that the motion should be heard by Prothonotary Milczynski then it will consent to such transcripts being filed, confidentially,, under the same terms as they would for a refusals motion..." (cc'd to all parties) received on 15-MAY-2013

Communication to the Court from the Registry dated 14-MAY-2013 re: D's letter dated 14-MAY-2013

Letter from Defendant dated 14-MAY-2013 requesting a direction that NOVA be permitted to file a motion for commission and letters of request on the same terms that apply to refusals motions under the Protective Order of June 21, 2011 (cc'd to all parties) received on 14-MAY-2013

Letter from Plaintiff dated 10-MAY-2013 requesting a direction that NOVA's motion for a commission and letters of requet, discussed during the trial management conference held April 30, be brought before the Trial Judge.....(See letter for complete terms) SCANNED TO JUSTICE O'KEEFE received on 10-MAY-2013

Toronto 30-APR-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Trial Management Conference Result of Hearing: Matter adjourned to a Trial Management Conference to be scheduled in June, 2013 held in Court Senior Usher: Bill Evans Duration per day: 30-APR-2013 from 09:35 to 11:15 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Jacqueline Smith Total Duration: 1h 40min Appearances: Mr. Ron Dimock 647-288-9524 representing Plaintiff Ms. Angela Furlanetto 647-288-9524 representing Plaintiff Mr. Michael Crinson 647-288-9524 representing Plaintiff Mr. Steven Garland 613-232-2486 representing Plaintiff Mr. Robert Macfarlane 416-957-1616 representing Defendant Mr. Michael Charles 416-957-1616 representing Defendant Mr. Joshua Spicer 416-957-1649 representing Defendant Mr. Adam Hirsh 416-573-4784 representing Defendant Mr. Christopher Naudie 416-862-6635 representing Defendant Comments: 1. The Court will advise parties at a later date regarding the technical primer session, 2. The Court will review the material submitted by the parties regarding the motion to strike- Competition Act-Counterclaim and provided a response. 3. Time alloted 20 days- 2weeks 9:30-4pm five days. 4. schedule a second TMC - Jun, 2013 Minutes of Hearing entered in Vol. 879 page(s) 408 - 411 Abstract of Hearing placed on file

Oral directions received from the Court: The Honourable Mr. Justice O'Keefe dated 25-APR-2013 directing that "A Trial Management Conference will proceed in person in Toronto on Tuesday, April 30, 2013 commencing at 9h30 a.m. for a duration of 3.5 hours." placed on file on 25-APR-2013

Toronto 09-APR-2013 BEFORE The Honourable Mr. Justice Rennie Language: E Before the Court: Motion Doc. No. 248 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: Frank Kurina Duration per day: 09-APR-2013 from 09:30 to 02:40 Courtroom : Courtroom No. 5-B - Toronto Court Registrar: Sherri Ally Total Duration: 5h 10min Appearances: Mr Joshua Spicer (416)364-7311 representing Plaintiff Mr Adam Hirsh (416)362-2111 representing Plaintiff Mr Michael Crinson (416)971-7202 representing Defendant Comments: Prothonotary Milczynski order dated April 4, 2012 and December 6, 2012 were dealth with at the hearing as one. Minutes of Hearing entered in Vol. 879 page(s) 129 - 131 Abstract of Hearing placed on file

Ottawa 18-APR-2013 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Meeting Result of Hearing: Parties to submit availability dates for a TMC in person. held by way of Conference Call Duration per day: 18-APR-2013 from 11:00 to 11:10 Courtroom : Judge's Chambers - Ottawa Court Registrar: Benoit Labelle Total Duration: 10min Appearances: Mr. Ron Dimock, Ms. Angela Furlanetto, Mr. Ryan Evans (647)288-9524 representing Plaintiff Mr. Steve Garland (613) 232-2486 representing Plaintiff Mr. Robert MacFarlane and Mr. Micheal Charles (416) 957-1616 representing Defendant Mr. Adam Hirsh and Mr. Christopher Naudie (416) 862-6635 representing Defendant Minutes of Hearing entered in Vol. 879 page(s) 96 - 98 Abstract of Hearing placed on file

Order dated 11-MAR-2013 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 260 Result: granted pursuant to section 1 (f) (vii) of the Protective Order dated 1-June-11, the definition of "Designated Persons" in section 1 (f), is amended to include as section 1(f)(vii): Smart & Biggar, their legal associates, articling and summer students and persons working solely in secretarial, clerical and paralegal capacities who are assissting counsel in this action" Filed on 11-MAR-2013 copies sent to parties entered in J. & O. Book, volume 1186 page(s) 466 - 469 Interlocutory Decision

Acknowledgment of Receipt received from both parties, via e-mail (by CM Team) with respect to Rule 369 Order dated 11-MAR-2013 (Milczynski, P.) placed on file on 11-MAR-2013

Communication to the Court from the Registry dated 11-MAR-2013 re: RE: file and Rule 369 motion DOC # 260 - sent to CMJ for disposition (Tor.) as requested by CM Team.

Solicitor's certificate of service on behalf of Michael Crinson confirming service of Doc. No. 272 and 275 upon Defendant by process server on 08-MAR-2013 filed on 08-MAR-2013

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 08-MAR-2013

Motion Record in response to Motion Doc. No. 256 containing the following original document(s): 273 274 Number of copies received: 3 on behalf of Plaintiff filed on 08-MAR-2013

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 256 filed on 08-MAR-2013

Affidavit of Thomas Kurys sworn on 08-MAR-2013 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 256 with Exhibits A-D filed on 08-MAR-2013

Motion Record in response to Motion Doc. No. 248 containing the following original document(s): 270 271 Number of copies received: 3 on behalf of Plaintiff filed on 08-MAR-2013

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 248 filed on 08-MAR-2013

Affidavit of Thomas W. Kurys sworn on 08-MAR-2013 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 248 with Exhibits A-D filed on 08-MAR-2013

Solicitor's certificate of service on behalf of JOSHUA W SPICER confirming service of DOC 268 upon Plaintiff by personal service on 08-MAR-2013 filed on 08-MAR-2013

Motion Record in response to Motion Doc. No. 260 Number of copies received: 3 on behalf of Defendant filed on 08-MAR-2013

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion in writing Doc. No. 260 filed on 08-MAR-2013

Affidavit of Margueritta Leal sworn on 07-MAR-2013 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 260 with Exhibits A-C filed on 08-MAR-2013

Affidavit of Garry F. Matz sworn on 07-MAR-2013 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 260 with Exhibits A filed on 08-MAR-2013

Communication to the Court from the Registry dated 06-MAR-2013 re: letters from Plaintiff and Defendant (NOTE: to be placed with P's R.369 motion material)

Letter from Defendant dated 05-MAR-2013 in response to the Plaintiffs' letter dated 5-MAR-2013, requesting that Smart & Biggar opposing Smart & Biggar being added as counsel of record (cc'd to all parties) received on 05-MAR-2013

Letter from Plaintiff dated 05-MAR-2013 requesting that Smart & Biggar be added as co-counsel of record for Dow (cc'd to all parties) received on 05-MAR-2013

Solicitor's certificate of service on behalf of Ryan Evans confirming service of doc. 260 upon Defendant by personal service on 05-MAR-2013 filed on 05-MAR-2013

Motion Record containing the following original document(s): 260 261 262 Number of copies received: 3 on behalf of Plaintiff filed on 05-MAR-2013

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion in writing Doc. No. 260 filed on 05-MAR-2013

Affidavit of Daniel W. Hynes sworn on 05-MAR-2013 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 260 with Exhibits A-C filed on 05-MAR-2013

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be dealt with in the Toronto local office for a declaration that the interpretation of 'counsel of record' in the definition of 'designated persons' at par.1(f)(ii) of Milczynski P. protective order dated 1-jun-2011 includes Smart & Biggar within its scope as counsel of record for the plaintiffs and other such relief. filed on 05-MAR-2013

Communication to the Court from the Registry dated 28-FEB-2013 re: P's letter dated 28-FEB-2013 (sent to O'Keefe J.)

Letter from Plaintiff dated 28-FEB-2013 requestin that O'Keefe J. direct that a trial management conference be convened and address the issues listed for discussion (cc'd to all parties) received on 28-FEB-2013

Toronto 04-MAR-2013 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Dow will serve and file its motion material to amend the protective order by March 5, 2013 pursuant to R. 369. If Nova wishes to proceed orally, a motion will be heard on March 11 at 9:00am. NOVA to serve and file its responding material by March 8 in any event. held in chambers Duration per day: 04-MAR-2013 from 10:00 to 10:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 20min Appearances: Mr. Dimock 647-288-9524 representing Dow Mr. Garland 613-232-2486 representing Dow Mr. Spicer 416-957-1649 representing NOVA Mr. Hirsch 416-573-4784 representing NOVA Minutes of Hearing entered in Vol. 876 page(s) 234 - 235 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 27-FEB-2013 re: P's letter dated 27-FEB-2013

Letter from Plaintiff dated 27-FEB-2013 requesting a case management teleconference to discuss adding the firm Smart & Biggar to the Protective Order (cc'd to all parties) received on 27-FEB-2013

Acknowledgment of Receipt received from all parties with respect to doc. 259 placed on file on 25-FEB-2013

Order dated 25-FEB-2013 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 231 Result: granted in part Filed on 25-FEB-2013 entered in J. & O. Book, volume 1185 page(s) 156 - 158 Interlocutory Decision

Acknowledgment of Receipt received from Mr. Evans, Mr. Hirsh and Mr. Spicer with respect to Direction issued by the Court (Presiding Judge) dated February 22, 2013, by email. placed on file on 22-FEB-2013

Written directions received from the presiding judge dated 22-FEB-2013 directing that Further to the Plaintiff's request for Directions by way of letter, received by the Registry on February 11, 2013, "The documents which are the subject of the motion need not be filed with the Registry. A copy of the documents is to be provided to the presiding judge at the return of the motion." placed on file on 22-FEB-2013 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 12-FEB-2013 re: P's letter dated 11-FEB-2013 (scanned to Trial JA)

Letter from Plaintiff dated 11-FEB-2013 seeking directions in anticipation of the motion returnable 9-APR-2013 re: manner and timing in which privilege documents should be made available to the Court (cc'd to all parties) received on 11-FEB-2013

Memorandum to file from Toronto dated 08-FEB-2013 Judges copy doc.254 held in Toronto placed on file.

Affidavit of service of Patrick Gonya sworn on 08-FEB-2013 on behalf of Defendant/Plaintiff by Counterclaim confirming service of Doc. 257 and Book of Authorities upon Plaintiffs/Defendants by Counterclaim by personal service on 08-FEB-2013 filed on 08-FEB-2013

Book of Authorities consisting of 1 volume(s) on behalf of Defendant/Plaintiff by counterclaim received on 08-FEB-2013

Sealed envelope pursuant to protective order dated June 21, 2012 on behalf of Defendant /Plaintiff by counterclaim purporting to contain Motion record returnable Apr. 9/13 Filed on 08-FEB-2013

Amended Notice of Motion contained within a Motion Record on behalf of Defendant/Plaintiff by Counterclaim returnable at Special Sitting in Toronto on 09-APR-2013 to begin at 09:30 for an appeal of the decision of Martha Milczynski, Prothonotary dated 04-APR-2012 Doc. No. 118 filed on 08-FEB-2013

Solicitor's certificate of service on behalf of defendant confirming service of doc.254 and Book of Authorities upon Plaintiff by personal service on 08-FEB-2013 filed on 08-FEB-2013

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 08-FEB-2013

Motion Record containing the following original document(s): 248 249 250 251 252 253 Number of copies received: 3 on behalf of Defendant (3 volumes-volume 1-CONFID.(SEALED)/NON CONFID;vol.2,3CONFID(SEAL) filed on 08-FEB-2013

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 248 filed on 08-FEB-2013

Affidavit of Margheritta Leal (partially CONFIDENTIAL Volume 2) sworn on 08-JAN-2013 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 248 with Exhibits A-C filed on 08-FEB-2013

Affidavit of Paul D.Margolis (Partially CONFIDENTIAL -volume 2) sworn on 29-JUN-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 248 with Exhibits A-C filed on 08-FEB-2013

Affidavit of Mark Johnson (Partially CONFIDENTIAL-volume 1,2) sworn on 29-JUN-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 248 with Exhibits A-F filed on 08-FEB-2013

Affidavit of Margheritta Leal (partially CONFIDENTIAL-volume 1) sworn on 22-JUN-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 248 with Exhibits A-S filed on 08-FEB-2013

Fresh as Amended Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 09-APR-2013 to begin at 09:30 for an appeal of the decision of Martha Milczynski, Prothonotary dated 06-DEC-2012 filed on 08-FEB-2013

Acknowledgment of Receipt received from all parties (confirmed by electronic mail) with respect to Corrected Order of 4-APR-2013 placed on file on 01-FEB-2013

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 01-FEB-2013 directing that NOVA's Compendium of Documents, NOVA's Compendium of Argument and NOVA's Brief of Authorities submitted on March 12 and 13, 2012 are to be removed from the public record and placed under seal pursuant to the Protective Order dated June 21, 2011. (NOTE: Parties advised via electronic mail) placed on file on 01-FEB-2013 Confirmed in writing to the party(ies)

Corrected Page 6, paragraph 8 of the Order of Milczynski P. dated 4-APR-2012 (NOTE: Parties advised via electronic mail) received on 01-FEB-2013

Order dated 29-JAN-2013 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Oral motion dated March 13, 2012 Result: See order for details. Filed on 29-JAN-2013 entered in J. & O. Book, volume 1182 page(s) 134 - 139 Interlocutory Decision

Letter from NOVA, Plaintiff by Counterclaim dated 25-JAN-2013 requesting that the attached draft Order from the motion heard on March 12, 2012 be issued, seeking a correction to the April 4, 2012 Order and to seal certain documents pursuant to the Confidentiality Order (cc'd to all parties) received on 25-JAN-2013

Communication to the Court from the Registry dated 18-JAN-2013 re: D's letter dated 18-JAN-2013

Letter from Defendant dated 18-JAN-2013 further to case management conference on 9-JAN-2013, NOVA is writing to advise that yesterday Dow provided a copy of a document entitled "commercial invoice" from June 2012 (cc'd to all parties) received on 18-JAN-2013

Oral directions received from the Court: Chief Justice Crampton dated 22-JAN-2013 directing that "The Defendants' motions (documents #119 and #244) appealing the Orders of Madam Prothonotary Milczynski dated April 4, 2012, and December 6, 2012, may be made returnable before this Court at 180 Queen Street West, in the City of Toronto, Ontario, on Tuesday the 9th day of April, 2013, at 9:30 in the forenoon for a duration of three (3) hours. The Defendants' motion records will be served and filed no later than February 8, 2013. The Plaintiffs' responding motion records will be served and filed no later than March 8, 2013." placed on file on 22-JAN-2013

Correction to General Sitting concerning Motion Doc. No. 244 Hearing removed from General Sitting at Toronto on 21-JAN-2013 Reason for correction: Motion is adjourned to a special sitting.

Communication to the Court from the Registry dated 14-JAN-2013 re: sent to court re: letter dated Jan. 11, 2013.

Communication to the Court from the Registry dated 14-JAN-2013 re: D's letter dated 11-JAN-2013 (sent to Office of the Trial JA)

Letter from Defendant dated 11-JAN-2013 requesting that the two appeals of Madam Prothonotary Milczynski's decisions (Court docs. 119 and 244) be heard jointly (cc'd to all parties) received on 11-JAN-2013

Toronto 08-JAN-2013 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Mr. Spicer asks for documentation which includes, fedex documents, commercia invoices, etc. The parties to advise within 10 days as to the developments. held in chambers Duration per day: 08-JAN-2013 from 11:00 to 11:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 20min Appearances: Mr. Gaikis 416-971-7202 representing Plaintiff Mr. Spicer 416-957-1649 representing Defendant Minutes of Hearing entered in Vol. 873 page(s) 395 - 396 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 21-DEC-2012 directing that a case management teleconference will be held on January 9, 2013 at 11:00 am (NOTE: Parties advised via electronic mail) placed on file on 21-DEC-2012

Communication to the Court from the Registry dated 18-DEC-2012 re: Motion Doc#146

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 17-DEC-2012 directing that Upon reviewing the written submissions filed on behalf of parties and hearing counsel this day on matter of plaintiff's motion to strike portions of defendant's statement of defence and counterclaim,I am satisfied that it would be the most efficient and cost-effective use of parties resouces to have the Plaintiff's motion heard at or following the trial ..or at such other time as directed by the Judge scheduled to hear the trial of this action and counterclaim. Dow's motion was filed on April 27, 2012 but the parties did not seek to schedule motion at that time,at subsequent case management conferences or in September,2012 when the trial was scheduled which rescheduling took into account the hearing time required for trial of action,counterclaim.Pleadings are closed and discoveries are essentially complete thus I am also satisfied that there would be no prejudice in have Dow's motion heard in the manner directed herein. Counsel for the plaintiff Mr.Crinson,Mr.Gaikis and defendant, Mr.Spicer,Mr.Naudie,Mr.Hirsh advised. placed on file on 17-DEC-2012 Confirmed in writing to the party(ies)

Affidavit of Margueritta Leal (CONFIDENTIAL-SEALED) sworn on 17-DEC-2012 on behalf of Defendant in support of Motion Doc. No. 231 with Exhibits A,B filed at hearing on 17-DEC-2012

Toronto 17-DEC-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 231 on behalf of Defendant Result of Hearing: Matter partially granted Before the Court: Motion Doc. No. 146 on behalf of Plaintiff to schedule the motion to strike (doc.146) Result of Hearing: Matter reserved held in Court Senior Usher: Ron Bradley Duration per day: 17-DEC-2012 from 01:00 to 02:45 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Jim Outtrim Total Duration: 1h45min Appearances: Mr.Michael Crinson 416-288-9524 representing Plaintiff Mr.Joshua Spicer 416-364-7311 representing Defendant Mr.Christopher Naudie 416-362-2111 representing Defendant Documents filed at hearing: 246 Draft Decision to be submitted by Defendant Comments: Direction to follow:Scheduling Plaintiff's motion to strike counterclaim doc.146. Motion (doc.231)partially granted. Minutes of Hearing entered in Vol. 872 page(s) 390 - 393 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of Doc.244 upon Plaintiffs by telecopier on 17-DEC-2012 filed on 17-DEC-2012

Notice of Motion on behalf of Defendant returnable at General Sitting in Toronto on 21-JAN-2013 to begin at 09:30 duration: 2h language: E for an appeal of the decision of Martha Milczynski, Prothonotary dated 06-DEC-2012 Doc. No. 230 (Counsel Robert H.C. MacFarlane 416-364-7311) filed on 17-DEC-2012

Solicitor's certificate of service on behalf of defendant confirming service of doc.234 upon Plaintiff by personal service on 14-DEC-2012 filed on 17-DEC-2012

****** CANCELLED ****** Written Submissions on behalf of Plaintiff concerning defendant's motion for Answers (doc.231) filed on 14-DEC-2012

Solicitor's certificate of service on behalf of Plaintiff confirming service of doc.240 upon defendant (both co-counsel) by personal service on 14-DEC-2012 filed on 14-DEC-2012

Written Submissions on behalf of Plaintiff concerning Motion Doc. No. 146 filed on 14-DEC-2012

****** CANCELLED ****** Written Representations on behalf of Plaintiff concerning Motion Doc. No. 146 filed on 14-DEC-2012

Affidavit of service of Kevin MacEachern sworn on 14-DEC-2012 on behalf of Defendant confirming service of Case Conference Brief (December 14,2012) upon Plaintiff by personal service on 14-DEC-2012 filed on 14-DEC-2012

Defendant's Case Conference Brief (December 14,2012) in response to Plaintiff's motion to strike (doc.146) received on 14-DEC-2012

****** CANCELLED ****** Written Submissions on behalf of Plaintiff concerning responding to defendant's motion doc.231 filed on 14-DEC-2012

Solicitor's certificate of service on behalf of plaintiff confirming service of doc.235 upon Defendant to both co-counsel by personal service on 14-DEC-2012 filed on 14-DEC-2012

Written Representations on behalf of Plaintiff concerning responding to motion (doc.231) filed on 14-DEC-2012

Motion Record containing the following original document(s): 231 232 233 Number of copies received: 3 on behalf of Defendant (SEALED ENVELOPE) filed on 14-DEC-2012

Written Submissions contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 231 filed on 14-DEC-2012

Affidavit of Margueritta Leal sworn on 14-DEC-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 231 with Exhibits A-P filed on 14-DEC-2012

Notice of Motion on behalf of Defendant returnable at General Sitting in Toronto on 17-DEC-2012 to begin at 09:30 duration: 1h language: E for an Order that Dow fulfill their undertaking to make reasonable inquiries to obtain records of shipment and storage requested... (Mr. Spicer 416-364-7311) filed on 12-DEC-2012

Toronto 11-DEC-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Nova's remaining refusal questions to be argued at general sittings on Dec 17. Any charts to be served and filed by Dec 14. Discussion on Dow's motion to strike will take place on the 17th. held in chambers Duration per day: 11-DEC-2012 from 01:00 to 01:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 20min Appearances: Mr. Crinson 647-288-9544 representing Plaintiff Mr. Spicer/Mr. Naudie 416-957-1620 representing Defendant Minutes of Hearing entered in Vol. 872 page(s) 245 - 246 Abstract of Hearing placed on file

Order dated 06-DEC-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 207 Result: dismissed Filed on 06-DEC-2012 entered in J. & O. Book, volume 1177 page(s) 119 - 127 Interlocutory Decision

Communication to the Court from the Registry dated 30-NOV-2012 re: D's letter dated 30-NOV-2012

Letter from Defendant dated 30-NOV-2012 requesting a case management teleconference re: Dow not answering small number of questions ordered answered on August 21, 2012 and the third round of examinations on June 7, 2012 (cc'd to all parties) received on 30-NOV-2012

Communication to the Court from the Registry dated 30-NOV-2012 re: P's letter dated 28-NOV-2012

Letter from Plaintiff dated 28-NOV-2012 requesting a case management teleconference to discuss the scheduling of the Plaintiff's pending motion to strike the counterclaim, for an update as to the status of the order re: privilege motion and to discuss the status of testing (cc'd to all parties) received on 28-NOV-2012

Order dated 23-NOV-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 134 Result: 1. Dow shall serve a further and better Schedule 2 to the affidavit of documents including... Filed on 23-NOV-2012 entered in J. & O. Book, volume 1175 page(s) 381 - 383 Interlocutory Decision

Acknowledgment of Receipt received from all parties with respect to Docs. 226, 227 and 228 placed on file on 08-NOV-2012

Order dated 08-NOV-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Oral motion Defendant's motion to compel the Plaintiffs to fulfuill all undertakings given and to answer all questions refused or taken under advisement re: Dr. B. Kolthammer on June 7, 2012 (re: doc. 200, heard on August 20, 2012) Result: granted in part Filed on 08-NOV-2012 entered in J. & O. Book, volume 1174 page(s) 59 - 61 Interlocutory Decision

Order dated 08-NOV-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Oral motion on behalf of the Defendant to compel the Plaintiffs to fulfill all undertakings given and answer all questions refused or taken under advisement re: Dr. Kolthammer 28&30-MAR-2012 (doc. 152, heard on 4-MAY-2012) Result: granted in part Filed on 08-NOV-2012 entered in J. & O. Book, volume 1174 page(s) 55 - 58 Interlocutory Decision

Order dated 08-NOV-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Oral motion re: Defendant's motion to compel the Plaintiffs to fulfill undertakings given and to answer all answers refused or taken under advisement re: Dr. B. Kolthammer Oct 24-28, 2011 & Feb 6-8, 2012 (heard on March 20, 2012) Result: granted in part Filed on 08-NOV-2012 entered in J. & O. Book, volume 1174 page(s) 47 - 52 Interlocutory Decision

Acknowledgment of Receipt received from all parties with respect to doc. 225 placed on file on 31-OCT-2012

Order dated 31-OCT-2012 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion Doc. No. 213 Result: dismissed Filed on 31-OCT-2012 entered in J. & O. Book, volume 1173 page(s) 85 - 87 Interlocutory Decision

Toronto 31-OCT-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 213 on behalf of Plaintiff Result of Hearing: Matter dismissed held in Court Senior Usher: Ken Massey Duration per day: 31-OCT-2012 from 09:35 to 10:45 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1h10min Appearances: Mr. Ronald Dimock / Mr. Bentley Gaikis (416) 288-9524 / (416) 971-6638 representing Plaintiff Mr. Michael Charles / Mr. Joshua Spicer (416) 957-1689 / (416)954-1649 representing Defendant Comments: The Court awarded costs to the Defendant in the amount of $1,000 and confirmed that the parties are on track with the current schedule. Minutes of Hearing entered in Vol. 870 page(s) 178 - 182 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of Doc 222, 223 upon Plaintiff by personal service on 26-OCT-2012 filed on 29-OCT-2012

Sealed envelope pursuant to protective order dated 21-JUN-2011 on behalf of Defendant purporting to contain Confidential exhibits and written represenations in opposition to Doc. 213 Filed on 29-OCT-2012

Motion Record in response to Motion Doc. No. 213 containing the following original document(s): 221 Number of copies received: 3 on behalf of Defendant filed on 29-OCT-2012

Affidavit of Margueritta Leal sworn on 26-OCT-2012 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 213 with Exhibits A-P filed on 29-OCT-2012

Acknowledgment of Receipt received from Defendant with respect to Doc#220 placed on file on 29-OCT-2012

Acknowledgment of Receipt received from Plaintiff with respect to Doc#220 placed on file on 29-OCT-2012

Reasons for Order and Order dated 25-OCT-2012 rendered by The Honourable Mr. Justice O'Keefe Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 91 Result: 1. The relief sought by the defendant in paragraphs 1, 3 and 4 of its amended motion in granted. 2. The relief sought by the defendant in paragraph 2 of the amended motion is to be dealt with as outlined in paragraph 59 of these reasons. 3. The defendant shall have the costs of this motion. Filed on 25-OCT-2012 copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1172 page(s) 176 - 176

PUBLIC VERSION OF DOC 217(Plaintiff's Motion for protocols) dated Oct 23, 2012 filed on 23-OCT-2012

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of Doc 217 upon all parties by personal service on 23-OCT-2012 filed on 23-OCT-2012

Motion Record containing the following original document(s): 213 214 215 216 Number of copies received: 3 on behalf of Plaintiff filed on 23-OCT-2012

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 213 filed on 23-OCT-2012

Affidavit of Daniel W. Hynes sworn on 23-OCT-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 213 with Exhibits A-AD (exhibit AA sealed envelope) filed on 23-OCT-2012

Affidavit of Michael L. Glenn sworn on 23-OCT-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 213 filed on 23-OCT-2012

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 31-OCT-2012 to begin at 09:30 for an Order requiring the defendant to produce the following information related to experiments it conducted and intends to rely on at trial: experimental protocols, samples by Nov 30, 2012 and data and results by Dec 14, 2012; costs. filed on 23-OCT-2012

Toronto 18-OCT-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Plaintiffs will file a motion with respect to protocols associated with testing returnable for October 31, 2012 at 9:30 a.m. held by way of Conference Call in chambers Duration per day: 18-OCT-2012 from 02:10 to 02:40 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 30min Appearances: Mr. Ron Dimock / Ms. Angela Furlanetto (416) 473-9560 /(647) 288-9530 representing Plaintiff Mr. Michael Charles / Mr. Josh Spicer (416) 957-1689 / (416) 364-7311 representing Defendant Comments: Dow is directed to serve and file their Notice of Motion by October 23, 2012 ; NOVA is to serve their responding motion material on October 26, 2012 and all motion material shall be filed by October 29, 2012 Minutes of Hearing entered in Vol. 869 page(s) 300 - 303 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 11-OCT-2012 re: P's letter dated 10-OCT-2012

Letter from Plaintiff dated 10-OCT-2012 requesting a case management teleconference to discuss certain issues re: parties' testing (cc'd to all parties) received on 10-OCT-2012

Transcript of hearing held at Toronto on 20-AUG-2012 received on 12-SEP-2012 350 pages (including covering pages).

Communication to the Court from the Registry dated 06-SEP-2012 re: letters dated 5-SEP-2012 and 6-SEP-2012

Letter from Plaintiff dated 06-SEP-2012 in response to the Defendant's letter dated 5-SEP-2012 (cc'd to all parties) received on 06-SEP-2012

Letter from Defendant dated 05-SEP-2012 requesting an urgent case management teleconference re: attendance of NOVA's representatives at testing currently being conducted by Dow (cc'd to all parties) received on 05-SEP-2012

Acknowledgment of Receipt received from all parties with respect to doc. 212 placed on file on 04-SEP-2012

Order dated 04-SEP-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 190 Result: granted "1. The trial of this action is rescheduled to commence on September 9, 2013 and shall continue for a period of twenty (20) days, concluding on October 10, 2013 (4-day weeks, subject to any further order or direction of the Court);... 5. The parties shall provide to the court, on a biweekly basis, an update as to the status of the trial testing, once such testing commences in August 2012." Filed on 04-SEP-2012 entered in J. & O. Book, volume 1167 page(s) 350 - 352 Interlocutory Decision

Toronto 28-AUG-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The parties agreed to discuss the outstanding issues with the draft Order re: rescheduling the Trial date and will forward a joint proposed draft Order to the Court by the August 29, 2012. held by way of Conference Call in chambers Duration per day: 28-AUG-2012 from 01:15 to 01:25 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 10min Appearances: Mr. Ron Dimock / Ms. Angela Furlanetto (647) 288-9524 / (647) 288-9530 representing Plaintiff Mr. Robert MacFarlane / Mr. Michael Charles (416) 957-1616 / (416)364-7311 representing Defendant Minutes of Hearing entered in Vol. 867 page(s) 12 - 13 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 16-AUG-2012 re: D's letter dated 16-AUG-2012

****** CANCELLED ****** Letter from Defendant dated 16-AUG-2012 requesting that the hearing of NOVA's motions be transcribed by a court reporter (cc'd to all parties) received on 16-AUG-2012

Toronto 20-AUG-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Motion - formal records not on file - MOtion for Privilege held in Court Duration per day: 20-AUG-2012 from 09:30 to 04:40 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Christopher Garito 21-AUG-2012 from 09:30 to 04:30 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Christopher Garito 22-AUG-2012 from 09:30 to 11:15 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Christopher Garito Total Duration: 2.5d Appearances: Mr. Crinson/Mr. Evans 647-288-9529 representing Plaintiff Mr. Spicer 416-957-1649 representing Defendant Court Reporter: ASAP 416-861-8720 24-AUG-2012 Transcript requested Comments: NOVA is asking that Dow produce the testing that was done that the court ruled is inadmissable by Dow. The court asks that the questions relating to this issue be adjourned and the parties to file complete motion materials Minutes of Hearing entered in Vol. 866 page(s) 433 - 434 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Michael D crinson confirming service of doc. 210 upon Defendant by personal service on 17-AUG-2012 filed on 17-AUG-2012

Plaintiff's responding chart 1 confidential volume filed on 17-AUG-2012

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of DOC 208 upon Plaintiff by process server on 15-AUG-2012 filed on 15-AUG-2012

Letter from Plaintiff dated 17-AUG-2012 indicating that the Plaintiff does not object to a Court Reporter being present, but indicating that not record be made of the in camera review of documents received on 17-AUG-2012

Letter from Defendant dated 16-AUG-2012 requesting a Court Reporter for the motion scheduled for August 20-20, 2012 received on 16-AUG-2012

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 15-AUG-2012

Motion Record containing the following original document(s): 207 Number of copies received: 3 on behalf of Defendant (2nd Volume Confidential containing written representations) filed on 15-AUG-2012

Amended Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 20-AUG-2012 to begin at 09:30 for an Order declaring that the docoments reviewed by the Court on this motion and listed in Schedule 2 to the plaintiffs' supplemental affidavit of documents over which privilege is claimed are not privileged and that copies of all such documents be produced to NOVA's counsel immediately, An order that Dow's corporate representative attend for examination for discovery on all documents order produced. filed on 15-AUG-2012

Letter from PLAINTIFFS dated 15-AUG-2012 RE: MOTION RECORD (DOC. 205) AND MATERIALS FOR IN CAMERA HEARING "...DOCUMENTS PROVIDED WITH THIS LETTER ARE TO BE DIRECTED TO PROTHONOTARY MILCZYNSKI FOR HER IN CAMERA REVIEW...THE DOCUMENTS ARE PRIVILEGED AND HIGHLY CONFIDENTIAL AND ARE NOT TO BE FILED WITH THE COURT.." (ONE BOX OF PRIVILEGED AND CONFIDENTIAL DOCUMENTS RECEIVED) received on 15-AUG-2012

Solicitor's certificate of service on behalf of MICHAEL D. CRINSON confirming service of MOTION RECORD (DOC. 205) AND BOOK OF AUTHORITIES upon DEFENDANT by personal service on 15-AUG-2012 filed on 15-AUG-2012

BOOK OF AUTHORITIES (RE: MOTION RECORD DOC. 205) consisting of 1 volume(s) on behalf of PLAINTIFFS received on 15-AUG-2012

Motion Record in response to Motion Doc. No. 184 containing the following original document(s): 202 203 204 Number of copies received: 3 on behalf of PLAINTIFFS (2 VOLS. - MOTION RECORD AND CONFIDENTIAL VOLUME TABS 1A AND 1B) filed on 15-AUG-2012

Written Representations contained within a Motion Record on behalf of PLAINTIFFS concerning Motion Doc. No. 184 filed on 15-AUG-2012

Affidavit of PAUL D. MARGOLIS sworn on 29-JUN-2012 contained within a Motion Record on behalf of PLAINTFFS in opposition to Motion Doc. No. 184 with Exhibits A-C filed on 15-AUG-2012

Affidavit of MARK JOHNSON sworn on 29-JUN-2012 contained within a Motion Record on behalf of PLAINTIFFS in opposition to Motion Doc. No. 184 with Exhibits A-F filed on 15-AUG-2012

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc. 200 upon Plaintiff by personal service on 14-AUG-2012 filed on 14-AUG-2012

Refusals charts from 3rd round-discovery(1 confidential volume) on behalf of the Defendant filed on 14-AUG-2012

Draft Order concerning Motion to compel Nova to fulfill undertakings... received on 03-APR-2012

Toronto 26-JUL-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 190 on behalf of Plaintiff Result of Hearing: Trial adjourned to September 2013. Dow made undertakings and parties to provide the court with a draft order. held in Court Duration per day: 26-JUL-2012 from 10:30 to 11:45 Courtroom : Courtroom No. 5-C - Toronto Court Registrar: Christopher Garito Total Duration: 1h 15min Appearances: Mr. Dimock 416-979-7002 representing Plaintiff Mr. MacFarlane 416-364-7311 representing Defendant Comments: Trial Adjourned to September 2013. Minutes of Hearing entered in Vol. 866 page(s) 130 - 131 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 31-JUL-2012 re: D's letter dated 31-JUL-2012

Letter from Defendant dated 31-JUL-2012 with their proposed changes to the Plaintiff's proposed draft Order (cc'd to all parties) received on 31-JUL-2012

Letter from Plaintiff dated 30-JUL-2012 requesting that the Defendant's motion re: privilege currently scheduled to be heard on August 20, 2012, be adjourned to August 21, 2012. (cc'd to all parties) received on 30-JUL-2012

Communication to the Court from the Registry dated 26-JUL-2012 re: D's letter dated 26-JUL-2012

Letter from Defendant dated 26-JUL-2012 advising the Court that the reasons for the decision on Dow's motion requested by Mr. MacFarlane will no longer be necessary (cc'd to all parties ) received on 26-JUL-2012

Solicitor's certificate of service on behalf of Andrew McIntosh confirming service of doc 198 upon Plaintiff by personal service on 25-JUL-2012 filed on 25-JUL-2012

Motion Record in response to Motion Doc. No. 190 Number of copies received: 3 on behalf of Defendant INCLUDING CONFIDENTIAL VOLUME filed on 25-JUL-2012

****** CANCELLED ****** Affidavit of Gary Matz sworn on 17-JUL-2012 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 190 with Exhibits A-D filed on 25-JUL-2012

Toronto 19-JUL-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The parties are in agreement as to the adjournment. The outstanding issue is with respect to length of the adjournment of the trial. Parties to advise if they wish to proceed with the motion on July 27 or 30. held in chambers Duration per day: 19-JUL-2012 from 11:30 to 12:00 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. Dimock 416-971-7202 representing Plaintiff Mr. Spicer 416-957-1649 representing Defendant Mr. Naudie 416-862-6811 representing Defendant Minutes of Hearing entered in Vol. 865 page(s) 417 - 418 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc. 195 & 195 upon Plaintiff by personal service on 17-JUL-2012 filed on 17-JUL-2012

Sealed envelope pursuant to an order of the Court dated June 21, 2011 on behalf of Defendant purporting to contain an affidavit of Gary F. Matz, sworn July 17, 2012 Filed on 17-JUL-2012

Sealed envelope pursuant to an Order of the Court dated June 21, 2011 on behalf of Defendant purporting to contain an affidavit of Dr. Francis M. Mirabella sworn July 16, 2012 Filed on 17-JUL-2012

Letter from NOVA dated 10-JUL-2012 re: agenda for cmc on July 12 received on 10-JUL-2012

Toronto 12-JUL-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The motion to adjourn the trial date will be heard on July 30 at 9:30am The 3rd round refusal motion will be heard at the conclusion of the priv document motion on August 21. CMC is scheduled on July 19 to discuss the July 30 motion. held in chambers Duration per day: 12-JUL-2012 from 10:00 to 10:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. Dimock 416-971-7202 representing Dow Mr. MacFarlane/Mr. Spicer/Mr. MacIntosh 416-957-1677 representing NOVA Mr. Naudie/Mr. Hirsh 416-862-6811 representing NOVA Minutes of Hearing entered in Vol. 865 page(s) 323 - 324 Abstract of Hearing placed on file

Motion record (PUBLIC VOLUME of doc. 191) on behalf of the plaintiff filed on 10-JUL-2012

Solicitor's certificate of service on behalf of Angela M. Furlanetto confirming service of Doc. No. 191 upon Defendant by process server on 10-JUL-2012 filed on 10-JUL-2012

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 10-JUL-2012

Sealed envelope pursuant to Protective order dated 21-JUN-2011 on behalf of Plaintiff purporting to contain motion record in support of motion doc. 190 Filed on 10-JUL-2012

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order adjourning the trial currently scheduled to take place 14-JAN-2013 to 3-JUN-2013 filed on 10-JUL-2012

Toronto 05-JUL-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: 1. Dow will bring its adjourment motion by July 10/2012. 2. NOVA will respond by July 17/2012. 3. Cross-examinations to be completed by July 20 4. Priv. motion to be adjourned to August 20-21/2012. All material for this motion is due by Aug 15, 2012. 5. CMC scheduled for July 12, 2012. held in chambers Duration per day: 05-JUL-2012 from 10:00 to 10:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 45min Appearances: Mr. Dimock 416-971-7202 representing Plaintiff Mr. MacFarlane/Mr. Spicer 416-364-7311 representing Defendant Minutes of Hearing entered in Vol. 865 page(s) 187 - 188 Abstract of Hearing placed on file

Letter from Defendant dated 04-JUL-2012 re: in response to Plaintiff's letter of July 4 received on 04-JUL-2012

Letter from Plaintiff dated 04-JUL-2012 re: letter in advance of proposed cmc to discuss motion for adjournment received on 04-JUL-2012

Communication to the Court from the Registry dated 26-JUN-2012 re: P's letter dated 26-jun-2012

Letter from Plaintiff dated 26-JUN-2012 advising the Court that to the date of this letter, the Terneuzen samples have not been collected by anyone representing Nova (cc'd to all parties) received on 26-JUN-2012

Communication to the Court from the Registry dated 22-JUN-2012 re: D's letter dated 22-JUN-2012

Letter from Defendant dated 22-JUN-2012 "...by letter received this afternoon, Dow has withdrawn its designation of confidentiality. Accordingly, Nova will not be filing its motion..." (cc'd to all parties) received on 22-JUN-2012

Communication to the Court from the Registry dated 21-JUN-2012 re: D's letter dated 21-JUN-2012

Letter from Defendant dated 21-JUN-2012 advising the Court of their intention to file a motion challenging Dow's designation of confidentiality in certain Terneuzen samples and are requesting a direction that NOVA be permitted to file its motion on the same terms that apply to refusals motions under the protective order (cc'd to all parties) received on 21-JUN-2012

Communication to the Court from the Registry dated 20-JUN-2012 re: D's letter dated 20-JUN-2012

Letter from Defendant dated 20-JUN-2012 "NOVA's motion concerning production of the Terneuzen samples and related discovery questions is currently scheduled to proceed...on June 27 at 9:30 a.m. NOVA was to file its motion record today, but will not be doing so for the reasons discussed below..." (cc'd to all parties) received on 20-JUN-2012

Letter from Plaintiff dated 13-JUN-2012 requesting a one week extension to file its evidence and for the remaining deadlines in the schedule set out in the Court's direction of 8-MAY-2012 and also requesting an urgent case management conference (cc'd to D's counsel) received on 13-JUN-2012

Communication to the Court from the Registry dated 15-JUN-2012 re: P's letter re: request for special sitting date forwarded electronically to the direct attention of O'Keefe J. by the Toronto CMT

Letter from Plaintiff dated 15-JUN-2012 to the attention of O'Keefe J., requesting a special sitting to seek the Court's direction concerning xpert evidence for the trial (cc'd to D's counsel) received on 15-JUN-2012

Letter from Plaintiff dated 15-JUN-2012 with proposed amended timetable (cc'd to D's counsel) received on 15-JUN-2012

Toronto 29-JUN-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: parties are granted a 2 week extension of time to exchange expert reports. A further CMC will be convened 5-JUL-2012 held by way of Conference Call in chambers Duration per day: 29-JUN-2012 from 11:30 to 11:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Shaun Nelson Total Duration: 15min Appearances: Mr. Dimock, Ms. Furlanetto, and Mr. Crinson 647-288-9524 representing Plaintiff Mr. Charles, Mr. Spicer, Mr. MacFarlane, and Mr. MacIntosh 416-957-1689 representing Defendant Minutes of Hearing entered in Vol. 865 page(s) 162 - 163 Abstract of Hearing placed on file

Acknowledgment of Receipt received from Plaintiffs and Defendant with respect to Doc 189 placed on file on 28-JUN-2012

Reasons (Confidential)for Order and Order dated 28-JUN-2012 rendered by The Honourable Mr. Justice O'Keefe Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 175 Result: (ORDER IS SEALED AND CONFIDENTIAL) Filed on 28-JUN-2012 certified copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1162 page(s) 144 - 144

Toronto 27-JUN-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: NOVA is to serve Dow with their questions (re: chain of custody of the Terneuzen samples) by Friday, June 29, 2012. Dow is to provide their response no later than Monday, July 9, 2012 wherein NOVA will then determine whether they will proceed with their motion to compel further answers on this matter held by way of Conference Call in chambers Duration per day: 27-JUN-2012 from 10:00 to 10:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 20min Appearances: Mr. Ronald Dimock / Mr. Michael Crinson / Mr. Ryan Evans (416) 972-7202 representing Plaintiff Mr. Robert MacFarlane / Mr. Josh Spicer / Mr. Andrew McIntyre (416) 957-1679 representing Defendant Minutes of Hearing entered in Vol. 865 page(s) 108 - 110 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of Motion Record Doc.186 upon Plaintiffs by personal service on 22-JUN-2012 filed on 22-JUN-2012

Sealed envelope pursuant to Protective Order dated 21-JUN-2011 on behalf of Defendant purporting to contain Confidential Volume Motion Record Doc.186 Filed on 22-JUN-2012

Motion Record containing the following original document(s): 184 185 Number of copies received: 3 on behalf of Defendant filed on 22-JUN-2012

Affidavit of Margueritta Leal sworn on 22-JUN-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 184 with Exhibits A-S filed on 22-JUN-2012

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 16-JUL-2012 to begin at 09:30 for an Order declaring that the documents reviewed by the Court on this motion and listed in schedule 2 to the plaintiffs' supplemental affidavit of documents over which privilege is claimed are not privileged; an Order that Dow's corporate representative attend for examination for discovery; costs of the motion (Robert H.C. MacFarlane 416-364-7311) filed on 22-JUN-2012

Toronto 22-JUN-2012 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Motion Doc. No. 175 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: Dave Patterson Duration per day: 22-JUN-2012 from 09:35 to 10:35 Courtroom : Courtroom No. 5-C - Toronto Court Registrar: Vanessa George Total Duration: 1h Appearances: Mr. Ron Dimock 416-971-7202 representing Plaintiffs Ms. Angela Furnetto 416-971-7202 representing Plaintiffs Mr. Michael Charles 416-364-7311 representing Defendant Mr. Andrew McIntosh 416-364-7311 representing Defendant Minutes of Hearing entered in Vol. 864 page(s) 341 - 342 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of ANDREW MCINTOSH confirming service of RESPONDING MOTION RECORD, CONFIDENTIAL VOLUME, BOOK OF AUTHORITIES upon Plaintiff by personal service on 20-JUN-2012 filed on 21-JUN-2012

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 21-JUN-2012

Motion Record in response to Motion Doc. No. 175 containing the following original document(s): 180 181 Number of copies received: 3 on behalf of Defendant IN ADDITION-TAB 4 (CONFIDENTIAL REASONS OF ORDER)UNDER SEAL IN CONF.ANNEX filed on 21-JUN-2012

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 175 filed on 21-JUN-2012

Affidavit of JACLYN EDGERTON sworn on 20-JUN-2012 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 175 with Exhibits A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P,Q filed on 21-JUN-2012

Solicitor's certificate of service on behalf of Ryan Evans confirming service of doc 178 and book of authorities upon Defendant by personal service on 19-JUN-2012 filed on 19-JUN-2012

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 19-JUN-2012

Motion Record containing the following original document(s): 175 176 177 Number of copies received: 3 on behalf of Plaintiff filed on 19-JUN-2012

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 175 filed on 19-JUN-2012

Affidavit of Ryan Evans sworn on 19-JUN-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 175 with Exhibits A-Z filed on 19-JUN-2012

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 22-JUN-2012 to begin at 09:30 for an Order providing direction on the scope and effect of the Order dated 14-jun-2012 of Justice O'Keefe, and other relief. filed on 19-JUN-2012

Acknowledgment of Receipt received from the parties with respect to Doc#172 placed on file on 14-JUN-2012

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc 173 upon Plaintiff by personal service on 14-JUN-2012 filed on 14-JUN-2012

Notice of Motion (contained in a sealed envelope) on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order compelling the Plaintiffs to answer outstanding questions and fulfill undertakings given and other relief filed on 14-JUN-2012

Letter from Defendant dated 14-JUN-2012 enclosing notice of motion for filing requiring Dow to answer outstanding questions. received on 14-JUN-2012

Reasons for Order and Order (Confidential) dated 14-JUN-2012 rendered by The Honourable Mr. Justice O'Keefe Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 91 Result: granted in part Filed on 14-JUN-2012 copies sent to parties Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1160 page(s) 248 - 248

Letter from Defendant to Plaintiff dated 05-JUN-2012 requesting Dow produce the Ternuzen samples as per the Order of Prothonotary Milczynski. received on 05-JUN-2012

Acknowledgment of Service received from plaintiff/defendant with respect to Order of Snider dated 5-Jun-12 Doc 171 placed on file on 05-JUN-2012

Order dated 05-JUN-2012 rendered by The Honourable Madam Justice Snider Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 157 Result: dismissed costs in the amount of $1000.00 plus reasonable disbursements awarded to Nova in any event of the cause Filed on 05-JUN-2012 copies sent to parties entered in J. & O. Book, volume 1159 page(s) 374 - 378 Interlocutory Decision

Memorandum to file from Toronto CMT dated 31-MAY-2012 Upon review of the Defendant's letter of May 30, 2012, the Court (Milczynski CMJ) requested that the Registry advise the parties that it has reviewed its minutes from the March 22, 2012 hearing and notes that Dow's position is correct. NOTE: Parties were advised via electronic mail placed on file.

Communication to the Court from the Registry dated 31-MAY-2012 re: D's letter dated 30-MAY-2012

Letter from Defendant dated 30-MAY-2012 submitted jointly on behalf of all parties with respect to the disposition during the March 22, 2012 hearing of the Defendant's motion re: discovery of R. Markovitch "...the parties respectfully request that the Court clarify those three disposition from the examination of the inventor Mr. Markovitch and inform counsel so that a draft order may then be submitted on consent..." (cc'd to all parties) received on 30-MAY-2012

Toronto 04-JUN-2012 BEFORE The Honourable Madam Justice Snider Language: E Before the Court: Motion Doc. No. 157 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: John Jasenec Duration per day: 04-JUN-2012 from 02:00 to 03:00 Courtroom : Courtroom No. 5-B - Toronto Court Registrar: Jeff Weir Total Duration: 1h Appearances: Michael Crinson, Thomas W. Kurys (647) 288-9551 representing Plaintiff Andrew McIntosh, Joshua Spicer (416) 361-1398 representing Defendant Court Reporter: ASAP Reporting Services, Victoria Janda (416) 861-8720 04-JUN-2012 Transcript not requested Comments: Mr. Spicer ordered the Court reporter at his expense. Minutes of Hearing entered in Vol. 863 page(s) 219 - 221 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of Doc.169 and Book of Authorities upon Plaintiffs by personal service on 01-JUN-2012 filed on 01-JUN-2012

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 01-JUN-2012

Motion Record in response to Motion Doc. No. 157 containing the following original document(s): 167 168 Number of copies received: 3 on behalf of Defendant filed on 01-JUN-2012

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 157 filed on 01-JUN-2012

Affidavit of Lori-Anne Deborba sworn on 01-JUN-2012 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 157 with Exhibits A-D filed on 01-JUN-2012

Correction to General Sitting concerning Motion Doc. No. 160 Hearing removed from General Sitting at Toronto on 04-JUN-2012 Reason for correction: Notice of Motion entered previously (Doc 157)

Affidavit of service of of Rosa Pedretti sworn on 07-MAY-2012 on behalf of Defendant confirming service of doc. #165 upon Plaintiff by telecopier on 07-MAY-2012 filed on 31-MAY-2012

Reply to Defence to Counterclaim on behalf of Defendant Filed on 31-MAY-2012

Covering letter from Plaintiff dated 31-MAY-2012 concerning Doc. No. 163 placed on file on 31-MAY-2012

Solicitor's certificate of service on behalf of Thomas Kurys confirming service of Doc 163 upon Defendant by email on 30-MAY-2012 filed on 30-MAY-2012

Motion Record containing the following original document(s): 160 161 162 Number of copies received: 3 on behalf of Plaintiff filed on 30-MAY-2012

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 160 filed on 30-MAY-2012

Affidavit of Bentley Gaikis sworn on 30-MAY-2012 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 160 with Exhibits A-K (A, B & E are sealed) filed on 30-MAY-2012

****** CANCELLED ****** Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Toronto on 04-JUN-2012 to begin at 09:30 duration: 2h language: E for an appeal of the decision of Martha Milczynski, Prothonotary dated 23-MAY-2012 filed on 30-MAY-2012

Letter from Defendant dated 29-MAY-2012 further to the discussion of Dow's motion appealing the decision of Milczynski's order of 23-MAY-2012, to be heard on June 4, 2012. "...counsel for NOVA requested that the hearing of Dow's motion be transcribed by a court reporter, as has been the recent practice of motions in these proceedings. As directed by the Court, this request is being made in writing to Prothonotary Milczynski to then be forwarded to the Judge hearing the motion..." (cc'd to all parties) received on 30-MAY-2012

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 29-MAY-2012 directing that NOVA is granted leave to file their Reply and Defence to Counterclaim. received at hearing on 29-MAY-2012

Toronto 29-MAY-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: To discuss recent correspondence sent to the Court May 24 and 25, 2012 held by way of Conference Call in chambers Duration per day: 29-MAY-2012 from 12:30 to 01:20 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 50min Appearances: Mr. Michael Crinson / Mr. Thomas W. Kurys (647) 288-9551 representing Plaintiff Mr. Josh Spicer (416) 957-1679 representing Defendant Mr. Christopher Naudie / Mr. Adam Hirsh (416) 862-6811 representing Defenant,NOVA (re: Competition Act) Comments: -The Court granted leave for the NOVA (re: Compeition Act) to file their Reply and Defence to Counterclaim. -The Plaintiff is to advise the Court and Mr. Spicer of the status of the Terneuzen samples by Thursday, May 31, 2012. -Answers to outstanding second round questions are to be provided by June 1, 2012. -The parties will submit their respective draft Orders along with a joint letter outlining the areas of contention, to the Court's attention (re: first round discoveries) -Parties to provide third round answers by June 12, 2012 (June 13, 2012 at the latest) and expert reports will be due on June 15, 2012. -The parties will confer and provide dates for a further case management conference to discuss the Plaintiff's motion to strike the Statement of Defence and whether it should be heard prior to the Trial. -This matter will not be stayed and the Plaintiff's appeal of this Court's decision of May 23, 2012 will be heard at General Sittings as scheduled, on June 4, 2012. Minutes of Hearing entered in Vol. 863 page(s) 40 - 45 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 28-MAY-2012 directing that a case management teleconference will be held on Tuesday, May 29, 2012 at 12:30 p.m. NOTE: Parties advised via electronic mail placed on file on 28-MAY-2012

Memorandum to file from Toronto dated 28-MAY-2012 Scanned Copy of Fresh as Amended Notice of Motion (Original DOC #132) sent to Prothonotary Milczynski today. placed on file.

Letter from Defendant dated 25-MAY-2012 in response to the Plaintiff's letter dated 24-MAY-2012 (cc'd to all parties) received on 25-MAY-2012

Solicitor's certificate of service on behalf of THOMAS KURYS confirming service of DOCS 157-158 upon Defendant by personal service on 25-MAY-2012 filed on 25-MAY-2012

Sealed envelope pursuant to Protective Order dated June 21, 2011 on behalf of Plaintiff purporting to contain Appendix A referred to in the Fresh as Amended Notice of Motion dated 25-MAY-2012 (DOC # 157) Filed on 25-MAY-2012

Amended Notice of Motion (original - DOC 132) on behalf of Plaintiff returnable at General Sitting in Toronto on 04-JUN-2012 to begin at 09:30 duration: 2h language: E for an appeal of the decision of Martha Milczynski, Prothonotary dated 23-MAY-2012 Doc. No. 155 filed on 25-MAY-2012

Consent on behalf of all parties to an Order issued as attached schedule A; (re: motion dated March 13, 2012 filed on 25-MAY-2012

Letter from Dow dated 24-MAY-2012 re: order dated May 23 received on 25-MAY-2012

Order dated 23-MAY-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Oral motion Motion to compel Dow... Result: By May 24, Dow is to provide to NOVA the samples requested in the questions at item nos 235 and 240 in the position charts relating to the 1st Round Examinations of Dow and in the question at item at no. 434 in the position charts relating to the 2nd round of examinations of Dow. Filed on 23-MAY-2012 entered in J. & O. Book, volume 1158 page(s) 355 - 359 Interlocutory Decision

Communication to the Court from the Registry dated 22-MAY-2012 re: letter from Plaintiff dated 16-MAY-2012 and letter from Defendant dated 17- MAY-2012

Letter from Defendant dated 17-MAY-2012 in response to the Plaintiff's letter dates16-MAY-2012 "...Dow's letter to the Court is the first we were made aware of its request for the extension. NOVA opposes Dow's request..." (cc'd to all parties) received on 17-MAY-2012

Letter from Plaintiff dated 16-MAY-2012 pursuant to the Court's direction on May 5, 2012, providing an update re: response and collection of 100 documents which the Defendant intends to challenge for privilege along with proposed schedule (cc'd to D's counsel) received on 16-MAY-2012

Communication to the Court from the Registry dated 16-MAY-2012 re: D's letter dated 16-MAY-2012

Letter from Defendant dated 14-MAY-2012 providing written confirmation of the schedule for further examinations for discovery of the parties (cc'd to all parties) received on 14-MAY-2012

Communication to the Court from the Registry dated 11-MAY-2012 re: P's letter dated 11-MAY-2012

Letter from Plaintiff dated 11-MAY-2012 in response to the Defendant's letter dated 11-MAY-2012 "...Rather than engaging in a protracted discussion..., the order should reflect the date the motion was heard and completed, which is April 10, 2012 and should not extend beyond what was ordered at that time..." (cc'd to all parties) received on 11-MAY-2012

Communication to the Court from the Registry dated 11-MAY-2012 re: D's letter and draft Order dated 11-MAY-2012

Letter from Defendant dated 11-MAY-2012 in response to the Plaintiff's letter dated 11-MAY-2012 with the Defendant's proposed draft ORder "...counsel were in the process of discussing the appropriate terms of the order and, in my submission, it was premature and unwarranted for Dow's counsel to unilaterally submit their draft to the Court with the suggestion that NOVA's counsel had been unresponsive..." (cc'd to all parties) received on 11-MAY-2012

Communication to the Court from the Registry dated 11-MAY-2012 re: P's letter and draft Order

Letter from Plaintiff dated 11-MAY-2012 with Plaintiff's proposed draft Order "...Nova's counsel has not indicated whether or not they agree with it, desipte our requests to do so..." (cc'd to D's counsel) received on 11-MAY-2012

FURTHER AMENDED REPLY and Defence to Counterclaim on behalf of Plaintiff Filed on 17-MAY-2012

Letter from Defendant dated 16-MAY-2012 .. we believe that the scheduling of Nova's existing appeal should be deferred pending the outcome of the motion on June 27, and accordingly are awainting the outcome of that motion to schedule the present appeal. received on 16-MAY-2012

Memorandum to file from Toronto dated 15-MAY-2012 Re: Motion Doc No. 132-awaiting issuance of Order to determine if motion will be set down, or withdrawn for mootness placed on file.

Toronto 04-MAY-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 134 on behalf of Defendant Result of Hearing: Dow to deliver a further and better affidavit to Nova by May 9 Before the Court: Oral motion Refusal Motion - Dr. Kolthammer Dr. Murphy Result of Hearing: See order for disposition on questions held in Court Duration per day: 04-MAY-2012 from 10:00 to 06:00 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Christopher Garito 09-MAY-2012 from 10:00 to 01:00 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Christopher Garito Total Duration: 1.5d Appearances: Mr. Crinson 416-288-9524 representing Plaintiff Mr. Spicer 416-364-7311 representing Defendant Court Reporter: Rob Lee 1-888-661-2727 04-MAY-2012 Transcript not requested Minutes of Hearing entered in Vol. 862 page(s) 260 - 261 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 08-MAY-2012 directing that the following schedule shall govern the steps leading up to the Plaintiff's motion pertaining to privilege in selected "Testing Documents" 1. May 8, 2012: Dow to serve a further and better affidavit of documents as ordered on the motion. 2. May 9, 2012: NOVA to provide DOW with a list of 100 Testing Documents selected from Schedule 2 to Dow's further and better affidavit of documents. 3. May 16, 2012: Dow to update the Court on issues related to responding to and collection of the selected Testing Documents. 4. June 15, 2012: NOVA to serve and file its Notice of Motion with respect to adjudication on Dow's claims of privilege in the selected Testing Documents. 5. June 18, 2012: Dow to serve evidence in support privilege claims. 6. June 22, 2012: Cross-examinations on Dow's affiants to be completed. 7. June 25, 2012: Parties to serve and file motion records. 8. Hearing on Dow's claims of privilege in the selected Testing Documents to take place on June 27, 2012 at 9:30 a.m. at the Federal Court, Toronto Local Office. placed on file on 09-MAY-2012 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 07-MAY-2012 re: D's letter dated 7-MAY-2012

Letter from Defendant dated 07-MAY-2012 with proposed schedule for steps leading up to the Plaintiff's motion for privilege, scheduled to be heard on 27-JUN-2012, on consent of the parties (cc'd to all parties) received on 07-MAY-2012

Covering letter from Defendant dated 03-MAY-2012 concerning Doc. No. 152 placed on file on 03-MAY-2012

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc. 152 upon Plaintiff by personal service on 03-MAY-2012 filed on 03-MAY-2012

Sealed envelope pursuant to order dated 21-jun-2011 on behalf of Defendant purporting to contain position chart-2nd round of discovery of Dr. Kolthammer Filed on 03-MAY-2012

Solicitor's certificate of service on behalf of Ryan Evans confirming service of Plaintiff's Authorities upon Defendant by hand delivery on 02-MAY-2012 filed on 02-MAY-2012

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 02-MAY-2012

Acknowledgment of Receipt received from parties with respect to doc.#150 placed on file on 30-APR-2012

Order dated 30-APR-2012 rendered by Mireille Tabib, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion in writing Doc. No. 108 Result: dismissed "THIS COURT ORDERS THAT: 1.The Defendant's motion is dismissed, with costs in the cause, fixed at $5,000.00." Filed on 30-APR-2012 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1155 page(s) 324 - 326 Interlocutory Decision

Solicitor's certificate of service on behalf of Bentley Gaikis confirming service of DOC 148 upon Defendant by process server on 27-APR-2012 filed on 27-APR-2012

Motion Record containing the following original document(s): 146 147 Number of copies received: 3 on behalf of Plaintiff filed on 27-APR-2012

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 146 filed on 27-APR-2012

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order an Order striing paragraphs 138 to 163, 181(b)-(e) and 184 to 194 from the Further Amended Statement of Defence and Counterclaim; costs. filed on 27-APR-2012

Sealed envelope pursuant to Protective Order dated 21-jun-2011 on behalf of Plaintiff purporting to contain Plaintiff's Responding Motion Record re: Defendant's Motion for further and better affidavit of documents) Filed on 27-APR-2012

Solicitor's certificate of service on behalf of Angela M. Furlanetto confirming service of DOC 143 upon Defendant by process server on 27-APR-2012 filed on 27-APR-2012

Motion Record in response to Motion Doc. No. 132 containing the following original document(s): 141 142 Number of copies received: 3 on behalf of Plaintiff filed on 27-APR-2012

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 132 filed on 27-APR-2012

Affidavit of Bentley Gaikis sworn on 27-APR-2012 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 132 filed on 27-APR-2012

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 23-APR-2012 directing that 1. Any motions arising from the 2nd round of discoveries, shall be heard on May 3 at 9:30am. All charts to be filed by May 2. 2. Although by agreement of the parties other challenges to the privlege issue being asserted by Dow over certain documents have been dealt with in the course of the refusal motions where, in the course of examination questions were asked about these documents and the nature of the privlege due to the volume of documents in question and Dow's objection, Nova's challenge to the privlege asserted over the documents... shall be heard by way of Nova's motion for a further and better affidavit on May 4, 2012. Nova shall serve and file its motion record by April 24, 2012. Dow shall serve and file its responding record by April 27. placed on file on 26-APR-2012

Letter from Defendant dated 20-APR-2012 requesting a direction that they be permitted to file its motion on the same terms as apply to refusals motions under the protective order (cc'd to P's counsel) received on 20-APR-2012

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc 138 and 139 upon Plaintiff by personal service on 24-APR-2012 filed on 25-APR-2012

Sealed envelope pursuant to order dated 21-jun-2011 on behalf of Defendant purporting to contain Confidential volume of doc 138 Filed on 25-APR-2012

Motion Record containing the following original document(s): 134 135 136 137 Number of copies received: 3 on behalf of Defendant filed on 25-APR-2012

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 134 filed on 25-APR-2012

Affidavit of MARGUERITTA LEAL sworn on 24-APR-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 134 with Exhibits a-y filed on 25-APR-2012

Affidavit of Mark J. Feldstein sworn on 23-APR-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 134 with Exhibits A filed on 25-APR-2012

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 04-MAY-2012 to begin at 09:30 for an Order that the plaintiff/defendant by counterclaim deliver a further and better affidavit of documents filed on 25-APR-2012

Toronto 19-APR-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: 2nd round motion to be heard on May 3, 2012... Nova motion for further and better affidavits to be heard on May 4. Nova to file their material by April 24 and Dow to respond by April 27. April 30 and May 15 dates are no longer required. held in chambers Duration per day: 19-APR-2012 from 10:00 to 10:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. Crinson/Ms. Furlanetto 416-971-7202 representing Dow Mr. Spicer 416-364-7311 representing Nova Minutes of Hearing entered in Vol. 861 page(s) 204 - 205 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 25-APR-2012 directing that Nova's motion for a further and better affidavit of documents may be filed in its entirety under seal for the purpose of the motion. placed on file on 25-APR-2012

Toronto 25-APR-2012 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Motion Doc. No. 108 on behalf of Defendant Result of Hearing: Matter dismissed held in Court Senior Usher: Frank Kurina Duration per day: 25-APR-2012 from 09:40 to 11:10 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Charles Skelton Total Duration: 2h 30min Appearances: Ronald Dimock 647.288.9524 representing Plaintiff Angela Furlanetto 647.288.9530 representing Plaintiff Andrew McIntosh 416.957.1677 representing Defendant Michael Charles 416.957.1689 representing Defendant Adam Hirsh 416.862.6635 representing Defendant Minutes of Hearing entered in Vol. 861 page(s) 197 - 198 Abstract of Hearing placed on file

Covering letter from Plaintiff dated 24-APR-2012 concerning SEALED ENVELOPE placed on file on 24-APR-2012

Sealed envelope pursuant to ORDER DATED 21 JUNE 2011 on behalf of Plaintiff purporting to contain pLAINTIFFS COMPENDIUN OF DOCUMENTS Received on 24-APR-2012

Solicitor's certificate of service on behalf of Thomas Kurys confirming service of DOC 132 upon Defendant by process server on 20-APR-2012 filed on 20-APR-2012

Notice of Motion on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an appeal of the decision of Martha Milczynski, Prothonotary dated 10-APR-2012 filed on 20-APR-2012

Solicitor's certificate of service on behalf of Angela M Furlanetto confirming service of Doc 125-130 and a book of authorities upon Defendant by personal service on 18-APR-2012 filed on 18-APR-2012

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 18-APR-2012

Motion Record in response to Motion Doc. No. 108 containing the following original document(s): 125 126 127 128 Number of copies received: 2 on behalf of Plaintiff Volume 1 of 3 and 2 of 3 only, both are the redacted versions filed on 18-APR-2012

Motion Record in response to Motion Doc. No. 108 containing the following original document(s): 125 126 127 128 Number of copies received: 3 on behalf of Plaintiff (3 volumes this version containing confidential material) filed on 18-APR-2012

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 108 filed on 18-APR-2012

Affidavit of R.D Bentley Gaikis sworn on 23-MAR-2012 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 108 with Exhibits A (Confidential) filed on 18-APR-2012

Affidavit of Chris Na sworn on 16-MAR-2012 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 108 with Exhibits C1, C2, C3, J, L, Q-W (Also including various confidential exhibits) filed on 18-APR-2012

Affidavit of Michael A Glackin sworn on 16-MAR-2012 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 108 filed on 18-APR-2012

Solicitor's certificate of service on behalf of Andrew I McIntosh confirming service of Doc 121-123, and a book of authorities upon Plaintiff by personal service on 18-APR-2012 filed on 18-APR-2012

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 18-APR-2012

Motion Record containing the following original document(s): 122 Number of copies received: 3 on behalf of Defendant filed on 18-APR-2012

Affidavit of Gary F Matz sworn on 23-MAR-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 108 with Exhibits A filed on 18-APR-2012

Sealed envelope pursuant to Subject to protective order dated 21-JUN-2011 on behalf of Defendant purporting to contain Supplemental motion record of the defendant Filed on 18-APR-2012

Acknowledgment of Receipt received from all parties with respect to direction of the court dated April 12, 2012 placed on file on 13-APR-2012

Affidavit of service of Nancy McKeown sworn on 16-APR-2012 on behalf of Defendant confirming service of doc 119 upon Plaintiff by telecopier on 16-APR-2012 filed on 16-APR-2012

Notice of Motion on behalf of Defendant returnable (but no hearing date indicated at this time) for an appeal of the decision of Martha Milczynski, Prothonotary dated 04-APR-2012 filed on 16-APR-2012

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 13-APR-2012 directing that "Extension granted as requested." placed on file on 12-APR-2012

Toronto 10-APR-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Continuation of the Oral motion to dispose of the Defendant's oral motion pertaining to the refusals from the examination for discovery of Dr. Lai (motion commenced 20-MAR-2012) Result of Hearing: Matter partially granted held in Court Senior Usher: Ron Cooksey Duration per day: 10-APR-2012 from 09:45 to 11:40 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1h55min Appearances: Mr. Michael Crinson / Mr. Thomas A. Kurys / Mr. Bentley Gaikis (416) 971-7202 representing Plaintiff Mr. Josh Spicer (416) 957-1649 representing Defendant Comments: The Court has scheduled a further motion to be heard on April 30, 2012 at 1:00 p.m. to review the privileged documents at issue under Item 3 of Dow's privilege log. Minutes of Hearing entered in Vol. 860 page(s) 326 - 329 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 11-APR-2012 re: Request for direction - letter dated April 4, 2012 sent ot Court

Letter from Defendant dated 04-APR-2012 requesting an extension of time to file motion record re: motion being heard on April 25, 2012 at 9:30 am in Toronto. received on 04-APR-2012

Acknowledgment of Receipt received from all parties with respect to doc,. 118 placed on file on 05-APR-2012

Order dated 04-APR-2012 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Oral motion heard April 4, 2012 Result: granted in part Filed on 05-APR-2012 entered in J. & O. Book, volume 1153 page(s) 397 - 402 Interlocutory Decision

Toronto 04-APR-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Oral motion to review the redacted documents from the motion heard on March 20, 2012, Result of Hearing: Dow Productions 2159-2520, 2522 and 2486 to be produced. held in Court Senior Usher: Ron Bradley Duration per day: 04-APR-2012 from 01:00 to 02:10 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1h10min Appearances: Mr. Bentley Gaikis / Mr. Thomas W. Kurys (416) 972-7202 representing Plaintiff Mr. Adam Hirsh (416) 862-6811 representing Defendant Minutes of Hearing entered in Vol. 860 page(s) 160 - 162 Abstract of Hearing placed on file

Supplementary Affidavit of service of Margueritta Leal sworn on 27-MAR-2012 on behalf of Defendant confirming service of 115 upon Plaintiff by personal service on 26-MAR-2012 filed on 27-MAR-2012

Affidavit of service of Marguerita Leal sworn on 26-MAR-2012 on behalf of Defendant confirming service of doc 115 upon all parties by email on 26-MAR-2012 filed on 26-MAR-2012

Further Amended Statment of Defence and Counterclaim filed on 26-MAR-2012

Toronto 20-MAR-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Oral motion on behalf of the Defendant to compel answers refused during discoveries of Dr. Kolthammer (October 24-28, 2011 and February 6-8, 2012), Dr. Lai (January 16-17, 2012), Dr. Chum (January 11-12, 2012) and Mr. Markovitch Result of Hearing: Matter partially granted The remainder of the motion pertaining to the refusals from Dr. Lai's discovery will be held on Wednesday, April 10, 2012 at 9:30 a.m. held in Court Senior Usher: Joe Mischuk 20-MAR-2012 Duration per day: 20-MAR-2012 from 09:50 to 05:00 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Natashia Bennett-Nelson 21-MAR-2012 from 09:30 to 04:25 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 2d Appearances: Mr. Michael Crinson/ Mr. Thomas W. Kurys / Mr. Bently Gaikis (647) 288-9529 /(647) 288-9551 /(416) 972-7202 representing Plaintiff Mr. Josh Spicer /Mr. Adam Hirsch (416) 957-1649 / (416) 862-6811 representing Defendant Draft Decision to be submitted by Defendant Comments: The outstanding priviledged and production issues will also be discussed at the April 10, 2012 hearing. Minutes of Hearing entered in Vol. 859 page(s) 329 - 342 Abstract of Hearing placed on file

Acknowledgment of Receipt received from Defendant with respect to Court's directions dated March 19, 2012 placed on file on 20-MAR-2012

Toronto 13-MAR-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Oral motion on behalf of Defendant (Plaintiff by Counterclaim) to compel answers and undertakings refused during the examination for discovery of Dr. B. Kolthammer, held February 7-8, 2012 Result of Hearing: Matter partially granted held in Court Senior Usher: Ron Bradley Duration per day: 13-MAR-2012 from 09:35 to 04:25 Courtroom : Courtroom No. 4-C - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1d Appearances: Mr. Ron Dimock / Mr. Bently Gaikis (416) 972-7202 representing Plaintiff Mr. Christopher Naudie / Mr. Adam Hirsh (416) 862-6811 representing Defendant Draft Decision to be submitted by Defendant Comments: The parties advised the Court that they would try to resolve the outstanding questions (Q.44-105) and undertakings. The Plaintiff provided the Court with a copy of the unredacted documents in question for the Court review, which will be returned to the Plaintiff's counsel. If the Court has any questions, it will contact the Plaintiff, via the Registry, with notification of such meeting to the Defendant. The parties agree to leave the issue of costs to the end of the Defendant's refusals motion on March 20-21, 2012. Minutes of Hearing entered in Vol. 859 page(s) 174 - 182 Abstract of Hearing placed on file

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 12-MAR-2012

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 13-MAR-2012

Compendium of Documents of the Defendant (Plaintiff by Counterclaim) re: Defendant's (oral) refusals' motion to be heard 13-MAR-2012 NOTE: One copy rec'd and sent directly to Ottawa received on 13-MAR-2012

Memorandum of Law of the Plaintiff re: Defendant's (oral) refusals' motion to be heard 13-MAR-2012 NOTE: One copy rec'd and sent directly to Ottawa received on 12-MAR-2012

Compendium of Argument of the Defendant (Plaintiff by Counterclaim) re: Defendant's (oral) refusals motion scheduled to be heard on 13-MAR-2012 received on 12-MAR-2012

Written directions received from the Court: Mireille Tabib, Prothonotary dated 19-MAR-2012 directing that "The Court adopts the schedule proposed by the parties in counsel for the defendant's letter of March 8, 2012." placed on file on 19-MAR-2012 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 09-MAR-2012 re: Forwarding the D's letter dated March 8, 2012 to Court (Tabib P.) for determination. (schedule for filing of documents for motion to postpone Trial)

Letter from Defendant dated 08-MAR-2012 re:...Please bring this letter to the attention of Prothonotary Tabib... received on 09-MAR-2012

Toronto 07-MAR-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Oral motion to compel answers & undertakings refused during the examination for discovery of E. Kelusky (October 31-November 4, 2011 & November 14-18, 2011) Result of Hearing: Matter partially granted held in Court Senior Usher: Sybil Mirosolin Duration per day: 07-MAR-2012 from 09:35 to 02:50 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1d Appearances: Ms. Angela Furlanetto / Mr. Ryan Evans / Mr. Michael Crinson (416) 971-7202 representing Plaintiff Mr. Josh Spicer (416) 862-5964 representing Defendant Mr. Alex Cobb (416) 862-5964 representing Defendant (re: Competition Act) Draft Decision to be submitted by Plaintiff Comments: The Defendant's re: Competition Act) motion will be heard on March 13, 2012 at 9:30 a.m. The Defendant is to serve their chart of questions by the end of business on March 9, 2012 and submit their final chart, related pleadings and transcript excepts by noon on March 12, 2012. The Defendant's (re: invalidity & infringement) motion will be heard on March 20-21, 2012 at 9:30 a.m. Nova is to serve their chart by the end of business on March 14, 2012 and final chart, related pleadings and transcript excerpts by the end of business on March 16, 2012. The Defendant's motion to adjourn the Trial date will be heard on April 25, 2012 at 9:30 a.m. in Toronto before Tabib P. Dow is to serve and file their responding motion material by March 16, 2012, Cross-examinations to be completed by April 5, 2012 and the final (completed) motion record is to be served and filed by April 13, 2012. A copy of the schedule, as agreed to by the parties and accepted by the Court (Tabib P.), is to be submitted to the attention of Tabib P. Minutes of Hearing entered in Vol. 858 page(s) 426 - 432 Abstract of Hearing placed on file

Letter from Plaintiffs dated 15-FEB-2012 opposing the pending motion filed by the defendant to adjourn the trial date in the above action. The plaintiffs intend to deliver responding motion materials to formally oppose the motion and will also be seeking to cross-examine one or more of the defendant's affiant. received on 15-FEB-2012

Toronto 02-MAR-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Dow motion will proceed on March 7. Nova motion adjourned to Mar 15-16. held in chambers Duration per day: 02-MAR-2012 from 12:00 to 12:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. Crinson 416-971-7202 representing Plaintiff Mr. Charles 416-364-7311 representing Defendant Minutes of Hearing entered in Vol. 858 page(s) 315 - 316 Abstract of Hearing placed on file

Acknowledgment of Receipt received from Defendant with respect to the oral direction from the Court dated March 1, 2012 placed on file on 02-MAR-2012

Acknowledgment of Receipt received from Plaintiff with respect to the oral directions from the Court dated March 1, 2012 placed on file on 02-MAR-2012

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 01-MAR-2012 directing that "Of the two days provided by the partries for the hearing of the motion to postpone the trial, the Court is only available in Ottawa in the morning of April 2, 2012. Further, by the reason of the Court's schedule in the week preceeding that date, the Court would need all motion materials, including any trascript of cross-examinations, filed by March 20, 2012 if it is to have sufficient time to review the materials and prepare for the hearing. If the parties can agree to the venue and to schedule for serving and filing their materials in that time frame, they are to advise the Court by March 6, 2012. Otherwise, they shall, by the same date, propose alternative dates after April 9, 2012, with an appropriate schedule. The Court would be available to conduct a case conference at noon, on March 9, 2012 if the parties require assistance to resolve scheduling issues." placed on file on 01-MAR-2012 Confirmed in writing to the party(ies)

Solicitor's certificate of service on behalf of Ryan T Evans confirming service of Doc 112, 113 upon Defendant by telecopier on 23-FEB-2012 filed on 23-FEB-2012

Amended Statement of Claim filed on 23-FEB-2012

Consent on behalf of all parties to for the plaintiffs to amend their statement of claim. filed on 23-FEB-2012

****** CANCELLED ****** Letter from Plaintiff dated 15-FEB-2012 advising that the plaintiff intend to deliver responding material to formally oppose the motion on behalf of the defendant. Sent to Trial J.A. received on 15-FEB-2012

Communication to the Court from the Registry dated 13-FEB-2012 re: Sent to Trial J.A. re: motion to extend time and to deliver rebuttal reports and postpone trial.

Transcript of hearing held at Toronto on 24-JAN-2012 received on 06-FEB-2012 Sent directly to presiding Judge 114 pages (including covering pages).

Letter from Defendant dated 02-FEB-2012 This letter from Nova requests a special sitting to hear Doc 108 which they expect will last half a day. received on 02-FEB-2012

Solicitor's certificate of service on behalf of Andrew I McIntosh confirming service of Doc 107, 110 upon Plaintiff by personal service on 02-FEB-2012 filed on 02-FEB-2012

Motion Record containing the following original document(s): 109 Number of copies received: 3 on behalf of Defendant (Public volume, Notice of Motion in Doc 107) filed on 02-FEB-2012

Affidavit of Margueritta Leal sworn on 01-FEB-2012 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 108 with Exhibits A-II filed on 02-FEB-2012

Notice of Motion contained within a Motion Record on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order for better particulars and to adjourn a trial date filed on 02-FEB-2012

Sealed envelope pursuant to the protective order dated 21-JUN-2011 on behalf of Defendant purporting to contain the confidential volumes of a motion for particulars and to adjourn a trial date Filed on 02-FEB-2012

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 01-FEB-2012 directing that "With respect to documents that the parties have designated as confidential under the terms of the Protective Order issued on June 21, 2011, the Defendant may file its motion for an extension of time for the delivery of its rebuttal expert reports and to adjourn the date presently scheduled for commencement of the trial of the action on the same terms as for the filing of a refusals motion, as set out in the Protective Order. The Plaintiff may file its responding material on the same terms. The matter on the confidentiality of the documents may also be raised on the hearing of the motion." placed on file on 01-FEB-2012 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 01-FEB-2012 re: D's letter dated1-FEB-2012

Letter from Defendant dated 01-FEB-2012 requesting a direction that the defendant be permitted to file its motion on the same terms as apply to refusals motions under the protective order. The defendant advises that the plaintiffs consent to this request (cc'd to P's counsel) received on 01-FEB-2012

Toronto 25-JAN-2012 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: 5mg issue no longer required by Dow. 2nd round has been schedule.d held in Court Duration per day: 25-JAN-2012 from 10:00 to 10:30 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. Crinson 416-971-7202 representing Plaintiff Mr. Charles 416-364-7311 representing Defendant Minutes of Hearing entered in Vol. 856 page(s) 212 - 213 Abstract of Hearing placed on file

Memorandum to file from Toronto dated 24-JAN-2012 The Court (O'Keefe J.) on 24-Jan-2012 directed that Judges materials including motion records docs.89,95,Book of Authorities (Defendants) plaintiffs motion records (doc.103),Book of Authorities (plaintiffs), materials presented at hearing this date, be held for the Court at the writers desk. placed on file.

Toronto 24-JAN-2012 BEFORE The Honourable Mr. Justice O'Keefe Language: E Before the Court: Motion Doc. No. 85 on behalf of Defendant Result of Hearing: Matter reserved Before the Court: Motion Doc. No. 91 on behalf of Defendant Motion doc.91 is Supplementary Motion doc.85 Result of Hearing: Matter reserved held in Court Senior Usher: Joe Mischuk Duration per day: 24-JAN-2012 from 09:30 to 12:30 Courtroom : Courtroom No. 5-A - Toronto Court Registrar: Jim Outtrim Total Duration: 3h Appearances: Mr.Ronald E.Dimock 416-971-7202 representing Plaintiff Mr.Ryan T.Evans 416-971-7202 representing Plaintiff Mr.Michael E.Charles 416-364-7311 representing Defendant Mr.Joshua W.Spicer 416-364-7311 representing Defendant Court Reporter: Rob Lee, A.S.A.P. Reporting Service 416-861-8720 24-JAN-2012 Transcript requested Comments: Defendant's motion (doc.85)/(doc.91)Supplementary Motion Record heard by the Court.At hearing documents submitted include:document titled 'Nova Demonstatives'from defendant;Experimental Data (R-1)from defendant;Letter dated January 17,2012 (R-2)from defendant;Exerpt from Examination for Discovery (A-1) from plaintiff. Minutes of Hearing entered in Vol. 856 page(s) 99 - 104 Abstract of Hearing placed on file

Redacted for Public File-Plaintiff's Motion Record Volume 1 of 2 filed on 16-JAN-2012

Solicitor's certificate of service on behalf of Angela M. Furlanetto confirming service of doc 103, 104 Book of Authorities upon Defendant by personal service on 16-JAN-2012 filed on 16-JAN-2012

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 16-JAN-2012

Motion Record in response to Motion Doc. No. 91 Number of copies received: 3 on behalf of Plaintiff Volume 2 of 2 filed on 16-JAN-2012

Motion Record in response to Motion Doc. No. 91 containing the following original document(s): 97 98 99 100 101 102 Number of copies received: 3 on behalf of Plaintiff Volume 1 of 2 filed on 16-JAN-2012

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 91 filed on 16-JAN-2012

Sealed envelope pursuant to protective order dated Jun 21, 2011 on behalf of Plaintiff purporting to contain Transcript of Cross Exam of Stanley Speed taken Jan 10, 2012 Received on 16-JAN-2012

Sealed envelope pursuant to protective order dated Jun 21, 2011 on behalf of Plaintiff purporting to contain Transcript of the Cross EXam of Francis Mirabella taken Dec 16, 2011 Received on 16-JAN-2012

Sealed envelope pursuant to protective order dated 21-Jun-2011 on behalf of Plaintiff purporting to contain Exhibits 1-6 from the Cross Exam of Gary Matz taken Dec 15, 2011 Received on 16-JAN-2012

Sealed envelope pursuant to protective order dated 21-Jun-2011 on behalf of Plaintiff purporting to contain Transcript of the Cross Examination of Gary Matz Taken Dec 15, 2011 Received on 16-JAN-2012

Affidavit of Joao B. P. Soares sworn on 13-DEC-2011 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 91 filed on 16-JAN-2012

Affidavit of Mark Johnson sworn on 13-DEC-2011 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 91 filed on 16-JAN-2012

Sealed envelope pursuant to Protective Order dated 21-Jun-2011 on behalf of Plaintiff purporting to contain Exhibit Q to the Affidavit of Chris Na sworn on Dec 2, 2011 Received on 16-JAN-2012

Affidavit of Chris NA sworn on 02-DEC-2011 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 91 with Exhibits A-Q(Sealed Envelope) to U filed on 16-JAN-2012

Sealed envelope pursuant to to protective order dated June 21, 2011 on behalf of Plaintiff purporting to contain Affidavit of Joao B. P. Soares sworn Dec 2, 2011 Exhibits A-C Exhibit C-Sealed envelope Filed on 16-JAN-2012

Sealed envelope pursuant to Protective Order dated June 21, 2011 on behalf of Plaintiff purporting to contain Affidavit of Mark Johnson sworn Dec 1, 2011 Filed on 16-JAN-2012

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc. #95 upon Plaintiff by personal service on 16-JAN-2012 filed on 16-JAN-2012

Sealed envelope pursuant to an order of the Court dated June 21, 2011 on behalf of Defendant purporting to contain The Defendant's Supplementary Motion Record for attendance at testing and experiments (containing documents 91, 92, 93, 94) Filed on 16-JAN-2012

Affidavit of Dr. Charles Stanley Speed sworn on 07-DEC-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 91 with Exhibits "A, B" filed on 16-JAN-2012

Affidavit of Dr. Francis M. Mirabella sworn on 07-DEC-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 91 filed on 16-JAN-2012

Affidavit of Gary F. Matz sworn on 07-DEC-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 91 filed on 16-JAN-2012

Amended Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Toronto on 24-JAN-2012 to begin at 09:30 for an Order that the plaintiff shall permit experts retained by Nova to attend the testing and exteriments that the plaintiffs intend to rely on at trial.... filed on 16-JAN-2012

Communication to the Court from the Registry dated 09-JAN-2012 re: P's letter dated 9-DEC-2012

Letter from Plaintiff dated 09-JAN-2012 further to the case management teleconference on December 21, 2011, providing a status update regarding the scheduling of examinations for the second round of discovery (cc'd to D's counsel) received on 09-JAN-2012

Toronto 21-DEC-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: See directions for details held in chambers Duration per day: 21-DEC-2011 from 03:00 to 03:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Ms. Furlanetto 416-971-7202 representing Plaintiff Mr. MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 855 page(s) 13 - 14 Abstract of Hearing placed on file

Letter from Defendant dated 15-DEC-2011 requesting, on behalf of the parties, a direction to remove Exhibit "B" of Gary Matz included in the Defendant's responding motion record filed on 30-SEP-2011 and have the same placed under seal (cc'd to all parties) received on 15-DEC-2011

Letter from Plaintiff dated 16-DEC-2011 on behalf of parties, requesting amendments to the timetable (cc'd to D's counsel) received on 16-DEC-2011

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 21-DEC-2011 directing that The plaintiff's motion, filed November 18, 2011 for an order for it to attend the Defendant's testing and experiments, has been scheduled to be hea by a judge at 9:30am on January 24, 2012. placed on file on 21-DEC-2011

Toronto 29-NOV-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Court will refer the Defendant's motion (re: NOVA's attendance at Dow's testing) to the Office of the Judicial Administrator to see if the assigned Trial Judge can hear the same on December 13, 14, 15 or 16, 2011 in either Toronto, Montreal or Ottawa. All motion material is to be served and filed by December 12, 2011. held by way of Conference Call in chambers Duration per day: 29-NOV-2011 from 12:30 to 12:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 15min Appearances: Mr. Ronald E. Dimock / Ms. Angela Furlanetto / Mr. Michael Crinson (647) 288-9524 / (647) 288-9530 /(647) 288-9529 representing Plaintiff Mr. Robert R.C. MacFarlene / Mr. Josh Spicer / Mr. Michael Charles (416) 456-8566 / (416) 957-1647 / (416) 957-1698 representing Defendant Comments: The Plaintiffs' counsel is to submit a draft amended scheduling Order Minutes of Hearing entered in Vol. 853 page(s) 307 - 308 Abstract of Hearing placed on file

Letter from Plaintiff dated 28-NOV-2011 in response to the Defendant's letter with proposed amendments to the time- table (cc'd to D's counsel) received on 28-NOV-2011

Communication to the Court from the Registry dated 28-NOV-2011 re: D's letter dated 28-NOV-2011

Letter from Defendant dated 28-NOV-2011 requesting a case management conference with enclosed letter sent to Plaintiff dated 24-NOV-2011 (cc'd to P's counsel) received on 28-NOV-2011

Communication to the Court from the Registry dated 23-NOV-2011 re: D's letter dated 23-NOV-2011

Letter from Defendant dated 23-NOV-2011 providing the Court with the parties' availability for attending the testing at Dow (cc'd to P's counsel) received on 23-NOV-2011

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 16-NOV-2011 directing that further to the Defendant's letter, the Court has no issue with the filing of any documentation that is designated confidential under seal for the purpose of the Defendant's motino. Counsel is to provide the parties' mutual dates of availability for the hearing of the motion at the time of filing. (NOTE: Direction sent via electronic mail and receipt confirmed by parties) placed on file on 16-NOV-2011

Communication to the Court from the Registry dated 16-NOV-2011 re: D's letter dated 16-NOV-2011

Letter from Defendant dated 16-NOV-2011 requesting a direction that the defendant be permitted to file its motion to attend the plaintiffs' testing on the same terms that apply to refusals motions under the protective order (cc'd to P's counsel) received on 16-NOV-2011

Covering letter from Defendant dated 18-NOV-2011 concerning motion for attendance at testing and experiments (doc#89) placed on file on 18-NOV-2011

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of non-confidential motion record and authorities upon Plaintiff by personal service on 18-NOV-2011 filed on 18-NOV-2011

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 18-NOV-2011

Motion Record containing the following original document(s): 85 86 87 88 Number of copies received: 3 on behalf of Defendant's (2vol "vol. 1 sealed") filed on 18-NOV-2011

Written representations (sealed) contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 85 filed on 18-NOV-2011

Affidavit of Margueritta Leal sworn on 18-NOV-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 85 with Exhibits A-V ("H" sealed) filed on 18-NOV-2011

Affidavit of Dr. Francis M. Mirabella (sealed doc.) sworn on 16-NOV-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 85 with Exhibits A-C filed on 18-NOV-2011

Notice of Motion on behalf of Defendant returnable (but no hearing date indicated at this time) for Motion for attendance at Testing and Experiments (notice of motion sealed) filed on 18-NOV-2011

Communication to the Court from the Registry dated 15-NOV-2011 re: D's letter dated 11-NOV-2011

Letter from Defendant dated 11-NOV-2011 providing an update re: examinations for discovery of the Dow inventors, discussed in the case management teleconference on 4-NOV-2011 (cc'd to all parties) received on 14-NOV-2011

Toronto 04-NOV-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: 1. Dr. Kholhammer to be made available for 3 days. 2. Mr. MacFarlane to prepare motion to attend testing - to be put before a Judge. held in chambers Duration per day: 04-NOV-2011 from 10:00 to 11:00 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 1h Appearances: Mr. Dimock 647-288-9524 representing Plaintiff Mr. MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 852 page(s) 99 - 100 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 01-NOV-2011 directing that a case management teleconference will be held on Friday, November 4, 2011 at 10:00 a.m. (parties advised via electronic mail) placed on file on 01-NOV-2011 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 31-OCT-2011 re: Defendant's letter dated 28-OCT-2011 and Plaintiff's letter dated 31-OCT- 2011

Letter from Plaintiff dated 31-OCT-2011 requesting an early trial management conference with the trial judge to discuss the issue of testing (cc'd to D's counsel) received on 31-OCT-2011

Letter from Defendant dated 28-OCT-2011 requesting a case management teleconference to schedule the additional time that will be required to complete the examination for discovery of the Plaintiff's representative (cc'd to P's counsel) received on 28-OCT-2011

Copy of a Letter from Plaintiff to Defendant dated 05-OCT-2011 further to case management conference held 5-OCT-2011, outlining Plaintiff's Prep-TREF testing proposal to Defendant received on 05-OCT-2011

Communication to the Court from the Registry dated 13-OCT-2011 re: P's letter dated 13-OCT-2011

Letter from Plaintiff dated 13-OCT-2011 requesting, on consent of parties, that case management teleconference scheduled for October 14, 2011 be postponed (cc'd to D's counsel) received on 13-OCT-2011

Communication to the Court from the Registry dated 13-OCT-2011 re: D's letter dated 13-OCT-2011

Copy of a Letter from Defendant to Plaintiff dated 13-OCT-2011 advising that NOVA does not accept the Plaintiff's proposal re: prep-TREF received on 13-OCT-2011

Communication to the Court from the Registry dated 05-OCT-2011 re: P's letter dated 5-OCT-2011

Toronto 05-OCT-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: A further case management teleconference scheduled for Friday, October 14, 2011 at 9:30 a.m. held by way of Conference Call in chambers Duration per day: 05-OCT-2011 from 09:15 to 09:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 15min Appearances: Angela Furlanetto / Michael Crinson (647) 288-9530 representing Plaintiff Joshua Spicer (416) 957-1649 representing Defendant Comments: The Plaintiffs are to provide a written copy of their proposal of having Mr. Kaluski attend the testing via live video stream and cc the Court Minutes of Hearing entered in Vol. 850 page(s) 264 - 266 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc 83 upon Plaintiff by telecopier on 03-OCT-2011 filed on 03-OCT-2011

Toronto 26-SEP-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties discussed what will be argued during the Plaintiffs' motion on 3-OCT-2011 held in Court Duration per day: 26-SEP-2011 from 01:00 to 01:45 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 45min Appearances: Ms. Angela Furlanetto / Mr. Ryan Evans (416) 971-7202 representing Plaintiff Mr. Robert MacFarlane / Mr. Josh Spicer (416) 364-7311 representing Defendant Minutes of Hearing entered in Vol. 850 page(s) 163 - 167 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 26-SEP-2011 directing that further to the case management conference held on September 13, 2011, the parties agreed to the following: -Nova agreed to provide Dow with 5 grams of the catalyst on the basis that it would be used for the production of a polymer and not analyzed and would be subject to the protective Order; -Nova is to deliver the reamining 52 samples to Dow by September 30, 2011, or advise why any of the samples are not available; -if not resolved among the parties, the Court will issue an Order to compel Dr. Chum to attend for discovery (now resolved between the parties); -Nova to confirm whether they have a site in Europe (Nova has since submitte a letter noting while they have a sales office in friboug, Switzerland, it doesn't have the capacity to handle Nova's catalyst component so they will have the 5 gram sample available for pick up by Dow at their Alberta facility for shipment to Dow's facilities in The Netherlands); -Dow will file two motions (one to amend the Confidentiality Order and one with respect to the production of the catalyst), which will be returnable at General Sittings on October 3, 2011. During the motion pertaining to the catalyst, the parties will have to address what testing will be done, who will be present (counsel to provide names of representatives and names of alternates), the chain of custody and how the catalyst will be transported (NOTE: The Plaintiffs have since advised that they will only be bringing a motion with respect to the production of the catalyst); -A further, in-person case management conference will be held on September 26, 2011 at 1:00 p.m. during which the issue of attendance as it relates to the issue of testing to be relied at trial will be discussed (including the Plaintiff's understanding that the Defendant are to provide specific names of the persons they propose attend the testing). received at hearing on 26-SEP-2011

Toronto 03-OCT-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 72 on behalf of Plaintiff Result of Hearing: Matter reserved held in Court Senior Usher: Ron Bradley Duration per day: 03-OCT-2011 from 10:32 to 11:55 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Jena Russell Total Duration: 1h 23min Appearances: Angela Fulanetto 416-971-7202 representing Plaintiff Mike Crinson 416-971-7202 representing Plaintiff Michael Charles 416-364-7311 representing Defendant Josh Spicer 416-364-7311 representing Defendant Draft Decision to be submitted by Plaintiff and Defendants Comments: Casemanagment conferece call scheduled for 05-Oct-2011 at 9:15 am Minutes of Hearing entered in Vol. 850 page(s) 80 - 81 Abstract of Hearing placed on file

Affidavit of Stephen J. Brown sworn on 03-OCT-2011 on behalf of Defendant in opposition to Motion Doc. No. 72 filed on 03-OCT-2011

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc 81 upon Plaintiff by personal service on 30-SEP-2011 filed on 30-SEP-2011

Motion Record in response to Motion Doc. No. 72 Number of copies received: 3 on behalf of Defendant filed on 30-SEP-2011

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 72 filed on 30-SEP-2011

Affidavit of Gary F. Matz sworn on 30-SEP-2011 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 73 with Exhibits a-f filed on 30-SEP-2011

Letter from Defendant dated 30-SEP-2011 "I enclose the defendant's motion record for filing in response to the planitiff's motion for production of the defendant's proprietary catalyst component for the purpose of conducting anlysis. We apologize for the late delivery of the defendant's record as the Court had requested that it be filed as close to noon as possible. One of our affiants from NOVA, Dr. Brown is located in Calgary and a notary has not been available today to commission his affidavit. As a result, we have inclueded a singed copy of Dr. Brown's affidavit in the responding motion record and will request leave to file the commissioned version as soon as possible." received on 30-SEP-2011

Communication to the Court from the Registry dated 23-SEP-2011 re: P's letter dated 21-SEP-2011

Letter from Plaintiff dated 21-SEP-2011 further to the case management conference on September 13, 2011 (cc'd to D's counsel) received on 21-SEP-2011

Plaintiff's Motion Record (DOC 77) Redacted Copy ONE COPY ONLY SENT TO OTTAWA received on 23-SEP-2011

Solicitor's certificate of service on behalf of Angela M. Furlanetto confirming service of doc 77 & Authorities upon Defendant by personal service on 23-SEP-2011 filed on 23-SEP-2011

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 23-SEP-2011

Motion Record containing the following original document(s): 72 73 74 75 76 Number of copies received: 3 on behalf of Plaintiff filed on 23-SEP-2011

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 72 filed on 23-SEP-2011

Affidavit of Thomas Kurys sworn on 23-SEP-2011 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 72 with Exhibits A-B filed on 23-SEP-2011

Affidavit of Catherine McDonald sworn on 23-SEP-2011 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 72 with Exhibits A-H (D & F CONFIDENTIAL) filed on 23-SEP-2011

Affidavit of Catelijne Amijs sworn on 23-SEP-2011 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 72 filed on 23-SEP-2011

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Toronto on 03-OCT-2011 to begin at 09:30 duration: 1h language: E for an Order requiring the Defendants to produce samples...(Ryan Evans 416-971-7202--- Milczynski, P. CMJ) filed on 23-SEP-2011

Communication to the Court from the Registry dated 13-SEP-2011 re: D's letter dated 13-SEP-2011

Letter from Defendant dated 13-SEP-2011 advising that further to the case management conference on 13-SEP-2011, NOVA has an office in Friboug, Switzerland but it cannot handle NOVA's catalyst compound so they will make the sample available for pick up from their Alberta facility for shipment to Dow's facilities in The Netherlands (cc'd to P's counsel) received on 13-SEP-2011

Toronto 13-SEP-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Plaintiffs to file motion to amend Confidentiality Order returnable for General Sittings 3-OCT-2011 held in Court Senior Usher: Ron Bradley Duration per day: 12-SEP-2011 from 09:30 to 11:00 Courtroom : Courtroom No. 4-B - Toronto Court Registrar: Natashia Bennett-Nelson Total Duration: 1.5h Appearances: Mr. Ronald Dimock / Ms. Angela Furlanetto / Mr. Michael Crinson (416) 971-7202 representing Plaintiff Mr. Robert H.C. MacFarlane / Mr. Josh Spicer (416) 364-7311 representing Defendant Minutes of Hearing entered in Vol. 849 page(s) 194 - 198 Abstract of Hearing placed on file

Toronto 06-SEP-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: 1. The defendant's motion to proceed as a R. 369 motion on consent. The Defendant to submit draft order to CM team in Toronto. 2. Samples to be produced, whatever is to be relied upon for trial Dow will notify Nova to make representatives available. 3. Parties to provide names of people to be involved in testing, counsel names, representatives, experts, etc. 4. CMC on Sep 13 at 9:30am - in person. 5. Parties to provide written submissions prior to the cmc held in chambers Duration per day: 06-SEP-2011 from 10:00 to 10:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. MacFarlane 416-957-1616 representing Defendant Ms. Furlanetto/Mr. Crinson 647-288-9530 representing Plaintiff Minutes of Hearing entered in Vol. 848 page(s) 375 - 376 Abstract of Hearing placed on file

Letter from Plaintiff dated 29-AUG-2011 requesting an urgent case management teleconference on 6-SEP-2011 (cc'd to Ds' counsel) received on 29-AUG-2011

Letter from Plaintiff dated 26-AUG-2011 confirming that they wish to proceed with their motion for samples on 29-AUG-2011 (cc'd to Ds' counsel) received on 26-AUG-2011

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 30-AUG-2011 directing that a case management teleconference will be held on Tuesday, September 6, 2011 at 10:00 a.m. placed on file on 31-AUG-2011 Confirmed in writing to the party(ies)

Toronto 24-AUG-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: 1. Parties to notify the Court of their plan for the sample testing protocol as soon as possible 2. Parties to write in with amendment to the Confidentiality Order 3. Nova's motion to be filed as a R. 369 motion effective today. held in chambers Duration per day: 24-AUG-2011 from 01:15 to 01:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Mr. Crinson 647-288-9529 representing Plaintiff Mr. MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 848 page(s) 192 - 193 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 23-AUG-2011 re: P's letter dated 23-AUG-2011

Letter from Plaintiff dated 23-AUG-2011 advising the Court of the issues they expect to address at the case management teleconference scheduled for 24-AUG-2011 (cc'd to D's counsel) received on 23-AUG-2011

Communication to the Court from the Registry dated 23-AUG-2011 re: P's letter dated 19-AUG-2011

Letter from Plaintiff dated 19-AUG-2011 seeking a direction of the Court in anticipation of the cmc scheduled for 24-AUG-2011 (re: format of defendant's productions) cc'd to Ds' counsel) received on 19-AUG-2011

Solicitor's certificate of service on behalf of Ryan T. Evans confirming service of Doc 70 upon Defendant by personal service on 19-AUG-2011 filed on 19-AUG-2011

Motion Record containing the following original document(s): 67 68 69 Number of copies received: 3 on behalf of Plaintiff filed on 19-AUG-2011

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 67 filed on 19-AUG-2011

Affidavit of Chris Na sworn on 18-AUG-2011 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 67 with Exhibits A-N filed on 19-AUG-2011

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order requiring the defendant to produce forthwith ao pounds sample of each product and other relief. filed on 19-AUG-2011

Letter from Defendant dated 19-AUG-2011 This letter ask to be placed infront of Prothonotary Milczysnki, and explains their request for a motion to compel attendance for examination. received on 19-AUG-2011

Solicitor's certificate of service on behalf of Joshua W Spicer confirming service of Doc 65 upon Plaintiff by personal service on 19-AUG-2011 filed on 19-AUG-2011

Motion Record containing the following original document(s): 62 63 64 Number of copies received: 3 on behalf of Defendant filed on 19-AUG-2011

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 62 filed on 19-AUG-2011

Affidavit of Lori-Anne Deborba sworn on 18-AUG-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 62 with Exhibits A-Q filed on 19-AUG-2011

Notice of Motion contained within a Motion Record on behalf of Defendant for a date and time to be determined by the case management judge for an Order to issue a comission and a letter of request filed on 19-AUG-2011

Toronto 18-JUL-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: CMC scheduled on August 24, 2011 at 1:00 Parties to confirm that all people have been scheduled for discovery. held in chambers Duration per day: 18-JUL-2011 from 01:00 to 01:15 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Ms. Furlanetto 647-288-9530 representing Plaintiff Mr. Macfarlane 416-456-8886 representing Defendant Minutes of Hearing entered in Vol. 847 page(s) 435 - 436 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 27-JUL-2011 re: P's letter rec'd 26-JUL-2011

Letter from Plaintiff dated 06-JUL-2011 (NOTE: Counsel sent letter to Toronto CMT on 26-JUL-2011 and notes that there is a typographical error in the date of this letter) requesting a direction from Milczynski CMJ with respect to issues discussed and agreed to during the case management teleconference held on July 18, 2011 (cc'd to D's counsel) received on 26-JUL-2011

Toronto 11-JUL-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: CMC scheduled for July 18 at 1:00pm held in chambers Duration per day: 11-JUL-2011 from 10:00 to 10:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Ms. Furlanetto 647-288-9530 representing Plaintiff Mr. MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 847 page(s) 122 - 123 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 07-JUL-2011 directing that a case management teleconference will be held on Monday, July 11, 2011 at 11:30 a.m. placed on file on 07-JUL-2011 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 07-JUL-2011 re: P's letter dated 06-JUL-2011

Letter from Plaintiff dated 06-JUL-2011 requesting an urgent case management teleconference to discuss the content of the Defendant's affidavit of documents (cc'd to all parties) received on 06-JUL-2011

Memorandum to file from N. Bennett-Nelson, Toronto CMT dated 22-JUN-2011 Proof of service of doc. 61 can be found within doc. 59, as the affidavit of service refers to the service of the affidavit of M. Feldstein. placed on file.

Affidavit of Mark J. Feldstein sworn on 22-JUN-2011 on behalf of Defendant in opposition to Motion Doc. No. 1 filed on 22-JUN-2011

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 22-JUN-2011 directing that the affidavit of Mark J. Fieldstein, sworn June 17, 2011, shall be accepted for filing. placed on file on 22-JUN-2011

Protective Order dated 21-JUN-2011 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 47 Result: granted Filed on 21-JUN-2011 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1127 page(s) 223 - 238 Interlocutory Decision

Acknowledgment of Receipt received from all three parties (law firms) involved with respect to Rule 369 Protective Order dated June 21, 2011 (Milczynski, P.) placed on file on 21-JUN-2011

Solicitor's certificate of service on behalf of Adam Bobker confirming service of Letter and copy of Affidavit upon Plaintiffs by telecopier on 20-JUN-2011 filed on 20-JUN-2011

Letter from Defendant dated 20-JUN-2011 requesting leave to file Affidavit of Mark J. Feldstein (copy attached) received on 20-JUN-2011

Communication to the Court from the Registry dated 20-JUN-2011 re: Rule 369 motion for Protective Order sent to Tor. Prothonotary

Solicitor's certificate of service on behalf of defendant confirming service of doc.57 upon Applicant by personal service on 17-JUN-2011 filed on 17-JUN-2011

Reply Representations on behalf of Defendant in response to the opposing submissions doc. No. 55 to the Motion in writing Filed on 17-JUN-2011

Solicitor's certificate of service on behalf of Michael D. Crinson confirming service of Doc. No. 55 upon Defendant by process server on 13-JUN-2011 filed on 13-JUN-2011

Motion Record in response to Motion Doc. No. 47 containing the following original document(s): 53 54 Number of copies received: 3 on behalf of Plaintiff filed on 13-JUN-2011

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 47 filed on 13-JUN-2011

Affidavit of Greg Bonifield sworn on 13-JUN-2011 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 47 filed on 13-JUN-2011

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of doc 51 upon Plaintiff by hand on 03-JUN-2011 filed on 03-JUN-2011

Motion Record containing the following original document(s): 47 48 49 50 Number of copies received: 3 on behalf of Defendant filed on 03-JUN-2011

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion in writing Doc. No. 47 filed on 03-JUN-2011

Affidavit of Joshua W. Spicer sworn on 03-JUN-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 47 with Exhibits A-N filed on 03-JUN-2011

Affidavit of Mark J. Feldstein sworn on 03-JUN-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 47 with Exhibits A-D filed on 03-JUN-2011

Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be dealt with in the Toronto local office for a protective order filed on 03-JUN-2011

Acknowledgment of Service received from both parties with respect to doc 46 placed on file on 31-MAY-2011

Toronto 26-MAY-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Parties to provide schedule for the remainder of this proceeding. held in chambers Duration per day: 26-MAY-2011 from 01:00 to 01:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 45min Appearances: Ms. Furlanetto 647-288-9530 representing Plaintiff Mr. Charles 416-957-1689 representing Defendant Minutes of Hearing entered in Vol. 844 page(s) 449 - 450 Abstract of Hearing placed on file

Order dated 31-MAY-2011 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: 1. The defendant shall file a motion for a protective order by June 3, 2011 under R. 369. 2. Affidavits of documents are to be delivered by July 4, 2011. 3. Delivery of electronic documents from the affidavits are to be completed by Aug 4, 2011. 4. First round of discovery of the party representatives and the inventors is to be completed by Nov 15, 2011. 5. Followup written answers from the 1st round of discovery are to be provided by Dec 15, 2011. 6. A cmc to address refusals and motions from 1st round of examinations for discovery is to be held on Dec 19, 2011 at 10:00 7. Motions arising from 1st round shall be heard on Jan 25-26, 2012. 8. 2nd round of examinations to be completed by Feb 15, 2012. 9. Written followup answers from 2nd round of discovery are to be provided by March 2, 2012. 10. A cmc to address refusals and the need for motions following 2nd round is to be held on March 7, 2012. 11. Any refusal motions for 2nd round to be heard on March 29, 2012. 12. Expert reports in chief to be exchanged by April 13, 2012. 13. Rebuttal expert reports are to be exchanged by Oct 31, 2012. Filed on 31-MAY-2011 entered in J. & O. Book, volume 1125 page(s) 36 - 38 Interlocutory Decision

Communication to the Court from the Registry dated 30-MAY-2011 re: P's letter dated 30-MAY-2011

Letter from Plaintiff dated 30-MAY-2011 further to the case management teleconference held on 26-MAY-2011 with attached draft Order (on behalf of the parties) re: pre-trial scheduling (cc'd to all parties) received on 30-MAY-2011

Communication to the Court from the Registry dated 19-MAY-2011 re: P's letter dated 18-MAY_2011

Letter from Plaintiff dated 18-MAY-2011 advising the Court that the parties have not yet come to any agreement re: amendments to be made to US protective Order and wish to put this item on the agenda for the case management teleconference on May 26, 2011 (cc'd to D's counsel) received on 18-MAY-2011

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 13-MAY-2011 directing that a case management teleconference will be held on Thursday, May 26, 2011 at 1:00 p.m. placed on file on 13-MAY-2011 Confirmed in writing to the party(ies)

Letter from Defendant dated 12-MAY-2011 with their proposed timetable and requesting a case management teleconference to discuss the scheduling of next steps (cc'd to P's counsel) received on 12-MAY-2011

Letter from Plaintiff dated 12-MAY-2011 re: proposed schedule on behalf of the plaintiff received on 13-MAY-2011

Acceptance of Service received from all parties with respect to of doc 45 by email placed on file on 27-APR-2011

Toronto 27-APR-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: The Court offered two options for trial dates. An order will issue shortly confirming which start date. Motions for an expedited trial and bifurcation are now moot. held in Court Duration per day: 27-APR-2011 from 09:30 to 11:00 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Christopher Garito Total Duration: 1.5h Appearances: Ron Dimock 647-288-9524 representing Plaintiff Mr. Charles/Mr. Spicer 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 843 page(s) 34 - 35 Abstract of Hearing placed on file

Order dated 27-APR-2011 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Case Management Conference Result: 1. The trial of this action shall commence on Jan 14, 2013 and shall continue for 20 days, concluding on Feb 14, 2013 (4 week days, subject to any further order or direction of the Court). 2. The trial shall be conducted in English at the Federal Court in Toronto. 3. The parties shall, within 15 days, submit a proposed timetable for the steps in this proceeding, up to and including the date for the filing of the req. for ptc, and including the date for the completion of examinations for discovery, dates for motions arising out of the examinations, case management teleconferences and the exchange of expert reports. In the event the parties cannot agree to a timetable, each shall submit an independant proposal together with dates of mutual availability for a cmc. Filed on 27-APR-2011 entered in J. & O. Book, volume 1121 page(s) 467 - 468 Interlocutory Decision

Solicitor's certificate of service on behalf of ANGELA M. FURLANETTO confirming service of AMENDED REPLY AND DEFENCE TO COUNTERCLAIM (DOC. 43) upon Defendant by telecopier on 26-APR-2011 filed on 27-APR-2011

Amended Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 27-APR-2011

Solicitor's certificate of service on behalf of JOSHUA W. SPICER confirming service of AMENDED STATEMENT OF DEFENCE AND COUNTERCLAIM (DOC. 40) upon Plaintiff by ELECTRONIC MAIL on 25-APR-2011 filed on 26-APR-2011

Consent on behalf of PLAINTIFFS to THE FILING OF THE AMENDED STATEMENT OF DEFENCE AND COUNTERCLAIM PURSUANT TO RULE 200. filed on 26-APR-2011

Amended Defence and Counterclaim with consent of Plaintiff filed on 26-APR-2011

Solicitor's certificate of service on behalf of Joshua W. Spicer confirming service of Doc. 38 upon Plaintiff by personal service on 21-APR-2011 filed on 21-APR-2011

Motion Record in response to Motion Doc. No. 28 containing the following original document(s): 36 37 Number of copies received: 3 on behalf of Defendant filed on 21-APR-2011

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 28 filed on 21-APR-2011

Affidavit of Gary F. Matz sworn on 18-APR-2011 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 28 with Exhibits "A-C" filed on 21-APR-2011

Toronto 19-APR-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Motion for an expedited trial date is set for April 27/2011 for 3 hours. Affidavit of Documents due by July 4, 2011. June 1, 2011 - cmc scheduled at 9:30am for 30 minutes. held in chambers Duration per day: 19-APR-2011 from 11:00 to 11:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Ron Dimock 647-288-9524 representing Plaintiff Bob MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 842 page(s) 306 - 307 Abstract of Hearing placed on file

Solicitor's certificate of service on behalf of Angela Furlanetto confirming service of doc 1 upon Defendant by telecopier on 18-APR-2011 filed on 18-APR-2011

Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 18-APR-2011

Letter from Plaintiff dated 13-APR-2011 re: The plaintiff's plan to bring forth the motion for an expedited trial at the cmc on April 19 and addressing the pretrial schedule and bifurcation motion. received on 14-APR-2011

Solicitor's certificate of service on behalf of Angela M Furlanetto confirming service of Doc 32 and a book of authorities upon Defendant by personal service on 13-APR-2011 filed on 13-APR-2011

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 13-APR-2011

Motion Record containing the following original document(s): 28 29 30 31 Number of copies received: 3 on behalf of Plaintiff filed on 13-APR-2011

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 28 filed on 13-APR-2011

Affidavit of Michael L. Glenn sworn on 12-APR-2011 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 28 filed on 13-APR-2011

Affidavit of David Nelson sworn on 13-DEC-2010 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 28 with Exhibits A-M3 filed on 13-APR-2011

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Toronto on 19-APR-2011 to begin at 11:00 for an Order for an expedited trial date. filed on 13-APR-2011

Toronto 10-MAR-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Motion Doc. No. 13 on behalf of Defendant Result of Hearing: Motion dismissed. Statement of Defence to be filed by March 24. $500 in any event of the cause. Reply to be filed by April 15, 2011. Bifurcation motion adjourned until pleadings are closed. CMC scheduled for April 19 to discuss outstanding issues. held in Court Duration per day: 10-MAR-2011 from 02:30 to 04:30 Courtroom : Courtroom No. 4-A - Toronto Court Registrar: Christopher Garito Total Duration: 2h Appearances: Ron Dimock 416-971-7202 representing Plaintiff Robert MacFarlane 416-364-7311 representing Defendant Minutes of Hearing entered in Vol. 841 page(s) 342 - 343 Abstract of Hearing placed on file

Toronto 03-MAR-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: March 10 - Motion for particulars and bifurcation held in chambers Duration per day: 03-MAR-2011 from 10:00 to 10:30 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 30min Appearances: Ron Dimock 647-288-9524 representing Plaintiff Robert MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 841 page(s) 340 - 341 Abstract of Hearing placed on file

Toronto 05-APR-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Mr. Dimock to serve and file a motion for an expedited trial to be discussed on April 19, 2011. held in chambers Duration per day: 05-APR-2011 from 01:30 to 01:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Ron Dimock 647-288-9524 representing Plaintiff Robert MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 841 page(s) 338 - 339 Abstract of Hearing placed on file

Toronto 24-MAR-2011 BEFORE Martha Milczynski, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: Counsel to discuss how to proceed with bifurcation motion and to get back to the Court with availability for trial dates. held in chambers Duration per day: 08-APR-2011 from 12:30 to 12:45 Courtroom : Judge's Chambers - Toronto Court Registrar: Christopher Garito Total Duration: 15min Appearances: Ron Dimock 647-288-9524 representing Plaintiff Robert MacFarlane 416-957-1616 representing Defendant Minutes of Hearing entered in Vol. 841 page(s) 336 - 337 Abstract of Hearing placed on file

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 05-APR-2011 directing that a case management teleconference will be held on Tuesday, April 5, 2011 at 1:30 p.m. (parties advised via email) placed on file on 05-APR-2011 Confirmed in writing to the party(ies)

Letter from Defendant dated 28-MAR-2011 in response to the case management conference on 24-MAR-2011 "...the defendant respectfully requests time to prepare for trial and requests that this action be set down for trial in 2013..." (cc'd to P's counsel) received on 28-MAR-2011

Communication to the Court from the Registry dated 29-MAR-2011 re: P's letter and D's letter both dated 28-MAR-2011

Letter from Plaintiff dated 28-MAR-2011 "...By this letter,...I wish to indicate that the plaintiffs would gladly accept the April 30, 2012 trial date and believe that this date is the most appropriate for this action...the plaintiffs propose the following schedule for this proceeding for trial in April 2012..." (cc'd to D's counsel) received on 28-MAR-2011

Affidavit of service of Lori-Anne Debora sworn on 24-MAR-2011 on behalf of Defendant confirming service of Doc 26 upon Plaintiff by email on 24-MAR-2011 filed on 24-MAR-2011

Defence and Counterclaim filed on 24-MAR-2011

Oral directions received from the Court: Martha Milczynski, Prothonotary dated 17-MAR-2011 directing that Re: a case management conference is scheduled for April 19 @ 11am. Parties to prepare an agenda and submit it to the Court no later than April 14, 2011. placed on file on 17-MAR-2011

Acknowledgment of Receipt received from all parties (fax confirmation attached) with respect to doc. 25 placed on file on 11-MAR-2011

Order dated 11-MAR-2011 rendered by Martha Milczynski, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 13 Result: dismissed "1. The motion be and is hereby dismissed. 2. The Defendant shall serve and file the Statement of Defence and Counterclaim by March 24, 2011. 3. Costs of this motion are payable to the Plaintiff in the amount of $500.00" Filed on 11-MAR-2011 entered in J. & O. Book, volume 1116 page(s) 493 - 495 Interlocutory Decision

Communication to the Court from the Registry dated 09-MAR-2011 re: D's letter dated 9-MAR-2011

Letter from Defendant dated 09-MAR-2011 in rsponse to the Plaintiff's letter dated March 8, 2011 (cc'd to P's counsel) received on 09-MAR-2011

Solicitor's certificate of service on behalf of Michael D. Crinson confirming service of Doc. No. 23 upon Defendant by process server on 09-MAR-2011 filed on 09-MAR-2011

Motion Record in response to Motion Doc. No. 13 containing the following original document(s): 21 22 Number of copies received: 3 on behalf of Plaintiff filed on 09-MAR-2011

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 13 filed on 09-MAR-2011

Affidavit of Cathy McDonald sworn on 09-MAR-2011 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 13 with Exhibits A-F filed on 09-MAR-2011

Solicitor's certificate of service on behalf of Joshua W Spicer confirming service of Book of Authority and a motion for bifurcation upon Defendant by personal service on 08-MAR-2011 filed on 09-MAR-2011

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 09-MAR-2011

Letter from Plaintiff dated 08-MAR-2011 re: Mr. Dimock is requesting a trial date be set for this matter. received on 08-MAR-2011

Communication to the Court from the Registry dated 02-MAR-2011 re: D's letter dated 28-FEB-2011

Letter from Defendant dated 28-FEB-2011 with enclosed proposed pre-trial timetable to be spoken to at the case management teleconference scheduled for 3-MAR-2011 at 10:00 a.m. (cc'd to P's counsel) received on 01-MAR-2011

Communication to the Court from the Registry dated 23-FEB-2011 re: P's letter dated 22-FEB-2011

Letter from Plaintiff dated 22-FEB-2011 providing the parties' dates of availability for a case management call and a proposed schedule (cc'd to D's counsel) received on 22-FEB-2011

Acknowledgment of Receipt received from 2 counsel by facsimile with respect to Ord. # 19 of the Chief Justice, assigning Case Management Judge placed on file on 16-FEB-2011

Order dated 16-FEB-2011 rendered by Chief Justice Lutfy Matter considered without personal appearance The Court's decision is with regard to Order dated 21-JAN-2011 Result: "IT IS ORDERED pursuant to Rule 383 that Prothonotary Martha Milczynski is assigned as Case Management Judge in this matter." Filed on 16-FEB-2011 certified copies sent to 2 counsel via facsimile; & to CAS-SATJ Office: TORONTO Case Management Team Transmittal Letters placed on file. entered in J. & O. Book, volume 1114 page(s) 472 - 472 Interlocutory Decision

Acknowledgment of Receipt received from both parties with respect to Rule 369 Order dated Jan. 21, 2011 (Milczynski, P.), by way of fax confirmation placed on file on 21-JAN-2011

Order dated 21-JAN-2011 rendered by Martha Milczynski, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 6 Result: granted - action to continue as specially-managed, referred to Office of the CJ for designation of CMJ...BF within 10 days of CJ Order: Joint Proposal for timetable...and provide dates of availability for CM Conference. Filed on 21-JAN-2011 certified copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1111 page(s) 459 - 460 Interlocutory Decision

Affidavit of service of ELAINE DROY sworn on 19-JAN-2011 on behalf of Defendant confirming service of DOC 11 upon Plaintiff by telecopier on 19-JAN-2011 filed on 19-JAN-2011

Solicitor's certificate of service on behalf of ROBERT H.C. MACFARLANE confirming service of DOC 15 upon Plaintiff by personal service on 19-JAN-2011 filed on 19-JAN-2011

Motion Record containing the following original document(s): 12 13 14 Number of copies received: 3 on behalf of Defendant filed on 19-JAN-2011

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 13 filed on 19-JAN-2011

Notice of Motion contained within a Motion Record on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order FOR PARTICULARS OF ALLEGATIONS AND DOCUMENTS REFERRED TO IN THE STATEMENT OF CLAIM, FOR AN EXTENSION OF TIME OF 60 DAYS TO SERVE AND FILE A STATEMENT OF DEFENCE AND COUNTERCLAIM, AND FOR AN EXTENSION OF 10 DAYS TO RESPOND TO THE PLAINTIFF'S RULE 369 MOTION FOR AN EXPEDITED TRIAL. filed on 19-JAN-2011

Affidavit of GARY F. MATZ sworn on 14-JAN-2011 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 11 filed on 19-JAN-2011

Request received from Defendant for PARTICULARS OF THE STATEMENT OF CLAIM DATED 9-DEC-2010 filed on 19-JAN-2011

Letter from MR. ROBERT MACFARLANE (COUNSEL FOR DEFENDANT) dated 13-JAN-2011 RE: PLAINTIFF'S MOTION DOC. 6 received on 13-JAN-2011

Letter from MR. RONALD E. DIMOCK (COUNSEL FOR PLAINTIFFS) dated 12-JAN-2011 RE: DEFENDANT'S LETTER DATED 11-JAN-2011 AND ADVISING THAT THE PARTIES ARE IN AGREEMENT TO THE APPOINTMENT OF A CMJ AND TO THE SCHEDULING OF A CASE MANAGEMENT CALL. PLAINTIFFS CONFIRM THE MOTION ORIGINALLY RETURNABLE ON 24-JAN-2011 IS TO BE AJOURNED SINE DIE. received on 12-JAN-2011

Adjournment telephone call received on 11-JAN-2011 from MR. RONALD E. DIMOCK on behalf of PLAINTIFFS concerning Motion Doc. No. 2 currently scheduled to be heard at General Sitting on 24-JAN-2011 now adjourned sine die Letter of confirmation to follow.

Letter from MR. ROBERT MACFARLANE (COUNSEL FOR DEFENDANT) dated 11-JAN-2011 ADVISING THE PARTIES HAVE CONSENTED TO AN EXTENSION OF TIME FOR THE FILING OF THE RESPONDING MOTION RECORD (RE: NOTICE OF MOTION DOC. 6) AND THE STATEMENT OF DEFENCE. received on 11-JAN-2011

Affidavit of service of Phillip Oscroft sworn on 16-DEC-2010 on behalf of Plaintiff confirming service of Doc 5, 9, Books of authority and Statement of Claim upon Defendant by Mail and personal service on 15-DEC-2010 filed on 17-DEC-2010

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 17-DEC-2010

Motion Record containing the following original document(s): 6 7 8 Number of copies received: 3 on behalf of Plaintiff filed on 17-DEC-2010

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion in writing Doc. No. 6 filed on 17-DEC-2010

Affidavit of David Nelson sworn on 13-DEC-2010 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 6 with Exhibits A-M2 filed on 17-DEC-2010

Notice of Motion contained within a Motion Record on behalf of Plaintiff in writing to be dealt with in the Toronto local office for an Order that the proceeding be managed as a specially managed proceeding, that a case management judge be assigned; and that an urgent CMC be scheduled to fix a trial date in the 4th quarter of 2011 filed on 17-DEC-2010

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 17-DEC-2010

Motion Record containing the following original document(s): 2 3 4 Number of copies received: 3 on behalf of Plaintiff filed on 17-DEC-2010

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 2 filed on 17-DEC-2010

Affidavit of David Nelson sworn on 13-DEC-2010 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 2 with Exhibits A-M2 filed on 17-DEC-2010

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at General Sitting in Toronto on 24-JAN-2011 to begin at 09:30 duration: 45min language: E for an Order in the form attached to this motion, limiting the issues to be determined at trial to the liability issues, and postponing the issues of quanitification of relief to an inquiry after trial, should it be determined to be necessary filed on 17-DEC-2010

Statement of Claim filed on 09-DEC-2010 Tariff other action - $150.00