Oral directions received from the Court: Associate Judge Sylvie M. Molgat dated 04-JUN-2025 directing that "Registry shall direct the Plaintiff¿s letter of May 22, 2025, to the Administrator for action in accordance with Rule 26.1(3) and (4) of the Federal Courts Rules." placed on file on 04-JUN-2025 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 03-JUN-2025 re: Letter to the Court ID : 478

Affidavit of service of Julie Morin sworn on 22-MAY-2025 on behalf of Plaintiff confirming service of the Letter to the Court dated May 22, 2025 upon Defendant by email on 22-MAY-2025 filed on 30-MAY-2025

Informal motion(By way of letter) on behalf of Plaintiff in writing to be placed before the Court in Ottawa for a direction from the Court releasing the Plaintiff's physical exhibits kept in Court. received on 30-MAY-2025

Memorandum to file from Jonathan Macena - Ottawa dated 23-DEC-2024 The trial exhibits have been picked up by the Defendants in Ottawa placed on file.

Memorandum to file from Jonathan Macena - Ottawa dated 20-DEC-2024 I have reached out to the Defendant's counsel for the return of physical exhibits placed on file.

Certified French language Translation of Reasons for Judgment rendered on 15-MAY-2020 by The Honourable Mr. Justice Grammond filed on 22-JUL-2020 pursuant to s. 20 of the Official Languages Act.

Certified French language Translation of Reasons for Order rendered on 06-FEB-2020 by The Honourable Mr. Justice Grammond filed on 22-JUL-2020 pursuant to s. 20 of the Official Languages Act.

Payment of Court Fees for ARV #1694 in the amount of $5,937.50 received from Mr. Guay placed on file on 16-MAR-2022

Payment of Court Fees for ARV #1695 in the amount of $5,937.50 received from Mr. Zakaib placed on file on 10-MAR-2022

Letter sent by Registry on 02-DEC-2021 to Defendant ARV #1695 first letter send to Mr. Zakaib in the amount o $5,937.50 Copy placed on file.

Letter sent by Registry on 02-DEC-2021 to Plaintiff ARV #1694 first letter sent to Mr. Want in the amount of $5,937.50 Copy placed on file.

Copy of Reasons for Judgment and Judgment dated 12-AUG-2021 rendered by The Honourable Mr. Justice de Montigny The Honourable Madam Justice Rivoalen The Honourable Mr. Justice Locke placed on file. Original filed on Court File No. A-143-20

Certified French language Translation of Reasons for Order and Order rendered on 28-AUG-2020 by The Honourable Mr. Justice Grammond filed on 23-MAR-2021 pursuant to s. 20 of the Official Languages Act. Certificate of Translation of Order entered in J. & O. Book, volume 1486 page(s) 74 - 74 and copy placed on file.

Copy of Notice of Appeal (Appeal Court File No. A-546-12 ) appealing the Judgment and Reasons of Mr. Justice Sébastien Grammond dated May 15,2020 filed in the Court of Appeal on 11-JUN-2020 on behalf of Appellant placed on file on 19-NOV-2020

Acknowledgment of Receipt received from all parties with respect to Doc 219 placed on file on 28-AUG-2020

Reasons and Order as to Costs dated 28-AUG-2020 rendered by The Honourable Mr. Justice Grammond Matter considered without personal appearance The Court's decision is with regard to Order dated 15-MAY-2020 Result: "THIS COURT'S JUDGMENT is that: 1. The plaintiff is condemned to pay costs in the amount of $2,517,590 to the defendant, inclusive of taxes and disbursements. 2. The plaintiff is condemned to pay post-judgment interest calculated on a simple basis at a rate of 2.5% per annum from the date of this order." Filed on 28-AUG-2020 Interlocutory Decision Certificate of Order entered in J. & O. Book, volume 1462 page(s) 81 - 81

Alexander Camenzind (Defendant / Plaintiff by Counterclaim) added to his letter dated July 31, 2020 (Id.463) that : "Additionally, it has come to CCM's attention that Exibit A to Ms. Gallinger's affidavit filed on June 15, 2020 inadvertently ommited pages 2 to 52 of the counsel docket entries. Please find enclosed an excel version of Ms. Gallinger's Exhibit A [...]." (See Doc.210 / Id.437 for the Affidavit of Nancy Gallinger (Confidential) in support of Defendant's Submissions on Costs) placé(e)(s) au dossier le 31-JUL-2020

Covering letter from Alexander Camenzind, Defendant (Plaintiff by Counterclaim) dated 31-JUL-2020 concerning Doc. Nos. 217 218 placed on file on 31-JUL-2020

Solicitor's certificate of service on behalf of Alexander Camenzind confirming service of Defendant's Reply Costs Submissions dated July 31, 2020 upon the Plaintiff (Defendant by Counterclaim) by e-mail on 31-JUL-2020 filed on 31-JUL-2020

(CONFIDENTIAL) Reply submissions regarding Defendant's Motion for Costs on behalf of Defendant in response to the opposing submissions doc. No. 215 to the Motion in writing Filed on 31-JUL-2020

Affidavit of service of Jason Vallée Buchanan sworn on 24-JUL-2020 on behalf of Plaintiff confirming service of ID nos. 455 - 459 upon Defendant by e-mail on 24-JUL-2020 filed on 24-JUL-2020

Covering letter from Plaintiff dated 24-JUL-2020 concerning Plaintiff's Responding Submissions on Costs (doc. no. 215), Plaintiff's Book of Authorities (ID: 458), Bauer's Written Cross-Examination Questions on the Affidavit of Ms. Gallinger (ID: 456) and CCM's Answers to Bauer's Written Cross-Examination Questions (ID: 457) placed on file on 24-JUL-2020

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 24-JUL-2020 Sent directly to Presiding Judge

Letter from Defendant to Plaintiffs dated 17-JUL-2020 enclosing the answers of Ms. Gallinger with respect to Bauer's cross- examination in writing (submitted in accordance with the Written Direction of the Court (Grammond, J.) dated 29-JUN-2020 (ID:443)) received on 24-JUL-2020

Written Examination - Plaintiff's written cross-examination questions on the Affidavit of Nancy Gallinger submitted on behalf of the Plaintiff in accordance with the Written Direction of the Court (Grammond, J.) dated 29-JUN-2020 (ID: 443) received on 24-JUL-2020

Responding Submissions on Costs on behalf of the Plaintiff (CONFIDENTIAL subject to Protective Order) (in accordance with the written direction of the Court dated 29-JUN-2020 (ID: 443)) filed on 24-JUL-2020

Acknowledgment of Receipt received from all parties with respect to Oral direction ID.453 placed on file on 16-JUL-2020

Oral directions received from the Court: The Honourable Mr. Justice Grammond dated 16-JUL-2020 directing that Upon considering the request from the Defendant, Sport Maska Inc, and the response from the Plaintiff, Bauer Hockey Ltd., the Court directs that the Defendant shall serve and file its replying written submissions by July 31, 2020. placed on file on 16-JUL-2020 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 16-JUL-2020 re: Letter ID#450 (CCM) and Letter ID#451 (Bauer) - sent to the Trial Judge.

Letter from Plaintiff dated 16-JUL-2020 [...] We write further to the letter addressed to the Court yesterday by Counsel for the Defendant. The Plaintiff has no objection to the Defendant's request to be allowed to serve and file reply submissions on costs. [...] received on 16-JUL-2020

Letter from Defendant dated 15-JUL-2020 "Please bring this letter to the attention of Justice Grammond, the Trial Judge for this action. Further to the Court's Direction dated June 29, 2020, the Plaintiff served its evidence in support of its cost submissions on July 17, 2020, consisting of three affidavits [...] While we are not yet in receipt of the Plaintiff's written submissions (due July 24, 2020) and how the evidence may be used to support the PLaintiff's arguments, it is readily apparent that the Plaintiff intends to raise new issues which could not have been anticipated by the Defendant at the time it filed its submissions. We respectfully submit that, before such issues can be considered by the Court, a reply by the Defendant will be required and is necessary. As a result, we would request that a deadline of July 31, 2020 be provided for the Defendant to serve and file reply submissions. received on 15-JUL-2020

Affidavit of service of Jason Vallée Buchanan sworn on 10-JUL-2020 on behalf of Plaintiff confirming service of Affidavit of Julie Morin (Doc#211), Affidavit of Julie Morin (Doc.#212) and Affidavit of Cynthia McMakin (Doc.#213) upon Defendant by e-mail on 10-JUL-2020 filed on 10-JUL-2020

Letter from Plaintiff dated 10-JUL-2020 [...] Pursuant to the direction of Justice Grammond dated June 29, 2020, please find enclosed for filing the plaintiff's evidence, namely the following : Affidavit #1 of Julie Morin ; Affidavit #2 of Julie Morin and Affidavit of Cytnhia McMakin. [...] received on 10-JUL-2020

Affidavit of Cynthia M. McMakin sworn on 10-JUL-2020 on behalf of Plaintiff evidence (Further written direction dated June 29, 2020 (Id.443)) filed on 10-JUL-2020

Affidavit of Julie Morin (CONFIDENTIAL INFORMATION - SUBJECT TO PROTECTIVE ORDER) sworn on 10-JUL-2020 on behalf of Plaintiff evidence (further written direction dated June 29, 2020 (Id.443)) with Exhibits A filed on 10-JUL-2020

Affidavit of Julie Morin (CONFIDENTIAL INFORMATION -SUBJECT TO PROTECTIVE ORDER) sworn on 10-JUL-2020 on behalf of Plaintiff evidence (Further written direction dated June 29, 2020 (Id.443)) with Exhibits A to Z filed on 10-JUL-2020

Acknowledgment of Receipt received from all parties with respect to Direction (Id.443) placed on file on 29-JUN-2020

Written directions received from the Court: The Honourable Mr. Justice Grammond dated 29-JUN-2020 directing that Upon considering the correspondence from the partie dated June 26, 2020; 1. The Plaintiff shall provide its written questions to defendant CCM by June 29, 2020 ; 2.The Plaintiff shall serve and file its supporting evidence by July 10,2020 3. The Defendant CCM shall provide answers to Bauer's written questions, as well as any written questions CCM may have for Bauer's affidant(s) by July 17, 2020; 4. The Plaintiff shall serve and file its responding written submissions with the written answer received from CCM and shall provide answers to CCM's written questions, if any, by July 24, 2020. placed on file on 29-JUN-2020 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 26-JUN-2020 [...] We write in response to the letter addressed to the Court by counsel for the Defendant earlier today (ref. Id441)[...] received on 26-JUN-2020

Letter from Defendant dated 26-JUN-2020 [...] We write further to the Plaintiff's letter of today's date to clarify a few statements, as the letter was not provided for our review. [...] The Defendant does not believe a CMC is necessary. As indicated, the Defendant is agreeable to extension of time but wishes to have this matter resolved promptly, and believes that a delay of another month is excessive given the relatively simple nature of costs sumissions. We are in the Court's hands for determination of an appropriate lenght of time for the Plaintiff to respond. We are alsol available by videoconference or teleconference on the dates proposed by the Plaintiff should the Court have any questions for the parties. received on 26-JUN-2020

Letter from Plaintiff dated 26-JUN-2020 [...] Bauer propose the following schedule to the Defendant yestday : 1. June 29 : Bauer will provide its written questions to CCM 2. July 10 : Bauer will serve its supporting evidence 3. July 17 : CCM will provide answers to Bauer's written question, as well as any written questions CCM may have for Bauer's affidant(s) 4. July 24 : Bauer will serve and file its responding written submissions with the written answers received from CCM 5. July 31 : Bauer will provide answers to CCM's written questions, if any [...] In the circumstances, we suggest that the Court convene a CMC to discuss the mather. The undersigned are currently available on June 29, July 2 and July 3. received on 26-JUN-2020

Copy of Notice of Appeal (Appeal Court File No. A-143-20 ) appealing the Judgment of the Honourable Mr. Justice Grammond dated May 15, 2020 filed in the Court of Appeal on 11-JUN-2020 on behalf of Appellant placed on file on 15-JUN-2020

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 15-JUN-2020 Sent directly to Presiding Judge

Affidavit of Nancy Gallinger (CONFIDENTIAL) sworn on 12-JUN-2020 on behalf of Defendant in support of Defendant's Submissions on Costs with Exhibits A to X filed on 15-JUN-2020

Bill of costs of Defendant (CONFIDENTIAL) filed on 15-JUN-2020

Acknowledgment of Receipt received from all parties with respect to Judgment and Reasons (Doc.207) and/et Jugement et motifs (Doc.208) placed on file on 15-MAY-2020

Certificat du jugement du "jugement et motifs (Doc#208)" placé(e)(s) au dossier le 15-MAI-2020

Certificate of Judgment of the "Judgment and Reasons (Doc.#207) placed on file on 15-MAY-2020

Motifs de jugement et jugement en date du 15-MAI-2020 rendus par Monsieur le juge Grammond Affaire considérée avec comparution en personne La décision de la Cour est concernant (le/la/l') l'instruction de l'affaire Résultat : 1. L'action de la demanderesse est rejetée. 2. La demande reconventionnelle de la défenderesse est accueillie. 3. Les revendications 1 et 5 (liée à la revendication 1) du brevet canadien no. 2 214 748 sont invalides. 4. La question des dépens est différée. 5. Dans les 30 jour suivant la délivrance du présent jugement, la défenderesse doit signifier et déposer ses observations concernant les dépens, d'une longueur maximale de 30 pages. 6. Dans les 15 jours suivant la réception des observations de la défenderesse, la demanderesse doit signifier et déposer ses observations en réponse concernant les dépens, d'une longueur maximale de 30 pages. Déposé(e) (s) le 15-MAI-2020 copies transmises aux parties Lettres placées au dossier. Décision finale Certificat du jugement inscrit(e) dans le livre J. & O., volume 1453 page(s) 451 - 452

Reasons for Judgment and Judgment dated 15-MAY-2020 rendered by The Honourable Mr. Justice Grammond Matter considered with personal appearance The Court's decision is with regard to Trial of the matter Result: 1. Plaintiff's action is dismissed ; 2. Defendant's counterclaim is allowed ; 3. Claims 1 and 5 (as dependent on claim 1) of Canadian patent 2,214,748 are valid ; 4. The issue of costs is reserved. 5. Within 30 days of the issuance of this judgment, the defendant must serve and file its submissions regarding costs, not to exceed 30 pages in lenght. 6. Within 15 days of the receipt of the defendant's submissions, the plaintiff must serve and file its submissions in response regarding costs, not to exceed 30 pages in length. Filed on 15-MAY-2020 copies sent to parties Transmittal Letters placed on file. Final Decision Certificate of Judgment entered in J. & O. Book, volume 1453 page(s) 449 - 450

Letter from Plaintiff dated 14-MAY-2020 [...]We write further to the Direction (Id.427) of May 5, 2020, to confirm that the draft reasons for judgment do not include any Bauer confidential information [...] received on 14-MAY-2020

Letter from Defendant dated 14-MAY-2020 [...]We write pursuant to the Direction of Justice Grammond dated May 5, 2020. (Id.427)[...] received on 14-MAY-2020

Acknowledgment of Receipt received from all parties by email with respect to Direction of May 5, 2020 placed on file on 08-MAY-2020

Written directions received from the Court: The Honourable Mr. Justice Grammond dated 05-MAY-2020 directing that Although the Court has taken the necessary precautions in preparing its draft confidential decision to avoid including details that the parties could consider confidential, or subject to a confidentiality order, the Court asks the parties to advise by Thursday, May 14, 2020, if there are portions of this draft that should be redacted before the decision is made public. placed on file on 05-MAY-2020 Confirmed in writing to the party(ies)

 Invoice from International Reporting for Court Reporter Attendance and  transcript: hearing: February 24 to 27, 2020 (#INVOICE: 105294) placed on file on 06-MAR-2020

Invoice from International Reporting for Court Reporter Attendance and   transcript: hearing: February 17 to 20, 2020 (#INVOICE: 105293) placed on file on 28-FEB-2020

Invoice from International Reporting for Court Reporter Attendance and  transcript: hearing: February 10 to 13, 2020 (#INVOICE: 105292) placed on file on 28-FEB-2020

 Invoice from International Reporting for Court Reporter Attendance and  transcript: hearing: February 3 to 6, 2020 (#INVOICE: 105291) placed on file on 28-FEB-2020

Invoice from International Reporting for Court Reporter Attendance and  transcript: hearing: 11 & 12 March, 2020 (#INVOICE: 105355) placed on file on 25-MAR-2020

Invoice from International Reporting for Court Reporter Attendance and transcript: hearing: 2, 3, 4 and March, 2020 (#INVOICE: 105354) placed on file on 25-MAR-2020

Covering letter from Plaintiff dated 09-MAR-2020 concerning Doc. Nos. 202 203 204 205 206 placed on file on 09-MAR-2020

Solicitor's certificate of service on behalf of Matthew Norton confirming service of Motion Record (Doc. 202 to 205) and Boof of authorities upon Defendant by E-mail and by mail (pursuant to the electronic consent dated Dec.6, 2018) on 09-MAR-2020 filed on 09-MAR-2020

Book of Authorities (ref : Motion Record Doc. 205) consisting of 1 volume(s) on behalf of Plaintiff received on 09-MAR-2020

Motion Record containing the following original document(s): 202 203 204 Number of copies received: 3 on behalf of Plaintiff (Public and Confidential version filed) filed on 09-MAR-2020

Written Representations contained within a Motion Record on behalf of Plaintiff (Public and Confidential version filed) concerning Motion Doc. No. 202 filed on 09-MAR-2020

Affidavit of Julie Morin sworn on 09-MAR-2020 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 202 with Exhibits A, B and C filed on 09-MAR-2020

Notice of Motion (Public and Confidential version filed) contained within a Motion Record on behalf of Plaintiff returnable at the Trial hearing (March 11 2020) for an Order for a reference pursuant to Rule 153 of the FCR to determine the quantum of monetary compensation to be awarded for any additional sales or infringing skates that were not disclosed by the Defendant prior to or during the trial of this proceeding. filed on 09-MAR-2020

Writ of Subpoena Ad Testificandum issued on 19-FEB-2020 cc filed

Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant filed on 19-FEB-2020 Tariff any other proceeding - $30.00

****** CANCELLED ****** Request received from Defendant for Subpoena filed on 19-FEB-2020

Acknowledgment of Receipt received from all parties of record with respect to the Court's Order and Reasons issued on February 6, 2020 (Doc.#198) placed on file on 06-FEB-2020

Reasons for Order and Order dated 06-FEB-2020 rendered by The Honourable Mr. Justice Grammond Matter considered with personal appearance The Court's decision is with regard to Oral motion /three (3) motions brought by the parties to a patent action, seeking the exclusion of expert reports, in totality or in part; Result: " (...) THIS COURT ORDERS that: 1. The plaintiff's motion to strike portions of the reports of Mr. Holden and Mr. Meibock is dismissed; 2. The defendant's motion to strike portions of Dr. Berkman's reports is dismissed; 3. The defendant's motion to strike Dr. Berkman's reply is granted; 4. The defendant's motion to strike portions of Mr. Ross's report is dismissed; 5. Given the divided success, no costs are awarded." Filed on 06-FEB-2020 Interlocutory Decision Copy of Reasons for Order and Order entered in J. & O. Book, volume 1444 page(s) 433 - 446

Memorandum to file from Marc Bilodeau-Richard, Montréal dated 05-FEB-2020 The Order (Doc.197) has been communicated in person to the parties' Counsel during the Trial. placed on file.

Order dated 05-FEB-2020 rendered by The Honourable Mr. Justice Grammond Matter considered without personal appearance The Court's decision is with regard to Letter from the parties (Id.391 and Id.394) dated 05-FEB-2020 Result: granted The terms of the Protective Order are to continue to apply for the duration of the trial of this action. Filed on 05-FEB-2020 copies sent to parties (in Court) entered in J. & O. Book, volume 1444 page(s) 328 - 330 Interlocutory Decision

Defendant's Daybook for Opening Submissions filed at hearing on 03-FEB-2020

Opening statement of Bauer Hockey Ltd. filed at hearing on 03-FEB-2020

****** CANCELLED ****** Motion Record in response to Motion Doc. No. 172 containing the following original document(s): 192 193 Number of copies received: 3 on behalf of Plaintiff filed on 31-JAN-2020

****** CANCELLED ****** Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 172 filed on 31-JAN-2020

****** CANCELLED ****** Affidavit of Michael S. Duchesneau sworn on 31-JAN-2020 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 172 with Exhibits A to W filed on 31-JAN-2020

Affidavit of service of Nancy Gallinger sworn on 31-JAN-2020 on behalf of Defendant confirming service of Plaintiff/Defendant by Counterclaim with the Responding Motion Record Doc.190 upon Plaintiff by e-mail on 31-JAN-2020 filed on 31-JAN-2020

Motion Record in response to Motion Doc. No. 177 containing the following original document(s): 189 Number of copies received: 1 on behalf of Defendant filed on 31-JAN-2020

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 177 filed on 31-JAN-2020

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 31-JAN-2020

Motion Record in response to Motion Doc. No. 168 containing the following original document(s): 186 187 Number of copies received: 1 on behalf of Plaintiff filed on 31-JAN-2020

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motions, Doc. Nos 168 172 filed on 31-JAN-2020

Affidavit of Michael S. Duchesneau sworn on 31-JAN-2020 contained within a Motion Record on behalf of Plaintiff In opposition to Defendant's motion Doc. 168 and 172 with Exhibits A to W filed on 31-JAN-2020

Draft Order relating to the joint letter request from the parties dated January 28, 2020 approved as to form and content by all parties received on 28-JAN-2020

Affidavit of service of Jason Vallée Buchanan sworn on 28-JAN-2020 on behalf of the Plaintiff/ Defendant by Counterclaim confirming service of a letter addressed to the Court and a) Trial Chart; b) Draft Order upon Defendants/ Plaintiffs by Counterclaim by email (with Consent Docs.#30 + #94) on 28-JAN-2020 filed on 28-JAN-2020

Final Trial Chart, submitted jointly on behalf of the parties, received on 28-JAN-2020

Letter from Mr Jean-Sébastien Dupont, Counsel for the Plaintiff/Defendant by X-Claim, dated 28-JAN-2020 asking to have the present letter brought to the attention of the presiding Trial Judge assigned to this matter (...) enclosing herewith a draft order submitted jointly by the parties to renew the Protective and Confidentiality Order dated May 6, 2014 for the trial (...) as well as a final trial chart (...); received on 28-JAN-2020

Book of Authorities consisting of 1 volume(s) on behalf of Defendant Defendant (re Motion to Strike Plaintiff's improper reply evidence) received on 24-JAN-2020

Communication to the Court from the Registry dated 28-JAN-2020 re: motion doc. nos. 168, 172 and 177

Plaintiff's objections to the Defendant's proposed expert qualifications (In respect with the schedule set out in the Order of Justice Grammond dated September 19, 2019). with indication of service upon Defendant on 27-JAN-2020 filed on 27-JAN-2020

Defendant's Objections to the Plaintiff's proposed Expert Qualification (In respect of the schedule set out in the Order of Justice Grammond dated September 19, 2019). with indication of service upon Plaintiff on 27-JAN-2020 filed on 27-JAN-2020

Oral directions received from the Court: The Honourable Mr. Justice Grammond dated 27-JAN-2020 directing that Further to the parties request on today date for an extension of time to file the Joint Book of documents on January 31, 2020 : The Court grants the extension of time. placed on file on 27-JAN-2020 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 27-JAN-2020 [...] We write on behalf of both parties to respectfully request a further extension of time until Friday, January 31, 2020 for the parties to provide the Court with the Joint Book of Documents in electronic format. [...] received on 27-JAN-2020

Affidavit of service of Julie Morin sworn on 20-JAN-2020 on behalf of Plaintiff confirming service of Joint Statement of Issues for Trial (confidential version) and Agreed Statement of Facts (confidential version) upon Defendant by process server on 20-JAN-2020 filed on 20-JAN-2020

Affidavit of service of Julie Morin sworn on 20-JAN-2020 on behalf of Plaintiff confirming service of Trial Chart ; Joint Statement of Issues for Trial ; Agreed Statement of Facts ; Proposed qualifications for the Plaintiff's experts and doc.159 upon Defendant by e-mail on 20-JAN-2020 filed on 20-JAN-2020

Oral directions received from the Court: The Honourable Mr. Justice Grammond dated 24-JAN-2020 directing that Further the Plaintiff's letter dated January 20, 2020, the Court grants the extension of time to file the Joint Book of Documents on or before January 27, 2020. placed on file on 24-JAN-2020 Confirmed in writing to the party(ies)

Covering letter from Plaintiff dated 20-JAN-2020 concerning Doc. Nos. 158 159 160 161 placed on file on 20-JAN-2020

Covering letter from Plaintiff dated 24-JAN-2020 concerning Doc. Nos. 179 180 placed on file on 24-JAN-2020

Solicitor's certificate of service on behalf of Matthew Norton confirming service of doc. # 179 & Book of Authorities upon Defendant by email on 24-JAN-2020 filed on 24-JAN-2020

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 24-JAN-2020

Motion Record containing the following original document(s): 177 178 Number of copies received: 3 on behalf of Plaintiff filed on 24-JAN-2020

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 177 filed on 24-JAN-2020

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable at Special Sitting in Montréal on 03-FEB-2020 to begin at 09:30 for an Order 1. An Order striking the impugned portions of the Responding Expoert Report of Lenny M. Holden dated November 8, 2019 and the Reply Expoert Report of Antonin Meibock dated December 6, 2019, set out in Appendix I of this Notice of Motion, as constituting improper responding and/or reply evidence. 2. Costs of this motion fixed in the amount of $1,500.00 filed on 24-JAN-2020

Affidavit of service of Alexander Camenzind sworn on 24-JAN-2020 on behalf of Defendant confirming service of Defendant's Motion Record upon Plaintiff by e-mail on 24-JAN-2020 filed on 24-JAN-2020

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 24-JAN-2020

Motion Record containing the following original document(s): 172 173 Number of copies received: 3 on behalf of Defendant filed on 24-JAN-2020

Written Submissions contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 172 filed on 24-JAN-2020

Affidavit of Nancy Gallinger sworn on 24-JAN-2020 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 172 with Exhibits A to G filed on 24-JAN-2020

Confirmation Receipt received from International Reporting, Court reporter and Transcript delivery daily - next morning. Start date : 3-fev-20 to End date : 14-March-2020 received on 16-JAN-2020

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Ottawa on 03-FEB-2020 to begin at 00:00 for Rule 248 Objection Admissibility filed on 24-JAN-2020

Letter from Defendant dated 24-JAN-2020 requesting that the Court have each of the expert reports available at the hearing of the motion received on 24-JAN-2020

Affidavit of service of Alexander Camenzind sworn on 24-JAN-2020 on behalf of Defendant confirming service of Defendant's Motion Record upon Plaintiff by e-mail on 24-JAN-2020 filed on 24-JAN-2020

Motion Record containing the following original document(s): 168 169 Number of copies received: 3 on behalf of Defendant filed on 24-JAN-2020

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 168 filed on 24-JAN-2020

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Ottawa on 03-FEB-2020 to begin at 00:00 for Motion to Strike filed on 24-JAN-2020

Writ of Subpoena Ad Testificandum issued on 24-JAN-2020 cc filed

Writ of Subpoena Ad Testificandum issued on 24-JAN-2020 cc filed

Writ of Subpoena Ad Testificandum issued on 24-JAN-2020 cc filed

Request for Writ(s) of Subpoena Ad Testificandum on behalf of Defendant filed on 24-JAN-2020 Tariff 90$

Writ of Subpoena Duces Tecum issued on 21-JAN-2020 cc filed

Request for Writ(s) of Subpoena Duces Tecum on behalf of Plaintiff filed on 21-JAN-2020 Tariff any other proceeding - $30.00

Trial Chart submitted by the parties received on 20-JAN-2020

Joint statement of issues for trial (Further the Court's Order dated September 19, 2019 - Paragraph 5 b. 17)) (Public version and Confidential version) filed on 20-JAN-2020

Joint Agreed Statement of Facts (From Plaintiff and Defendant) (Further the Court's Order dated September 19, 2019 - Paragraph 5 b. 18 a)) (Public version and 1 confidential version) filed on 20-JAN-2020

Plaintiff's "will-say" statements (Further the Court's Order dated Sept. 19, 2019 - paragraphs 5 b.18d) and e) filed on 20-JAN-2020

Plaintiff's proposed expert qualifications (Further the Court's Order dated September 19, 2019 - paragraph 5 b. 18 c)) filed on 20-JAN-2020

Defendant's preliminary witness list and will say statements (Further the Court's Order dated September 19, 2019 - Paragraphs 5 b. 18d) and e)) filed on 20-JAN-2020

Defendant's proposed expert qualifications (Further the Court's Order dated September 19, 2019 - paragraph 5 b. 18 c)) filed on 20-JAN-2020

Letter from Plaintiff dated 17-JAN-2020 "We wish to confirm the parties' joint request for daily transcripts during the trial (with the exception of the last 2 days of closing arguments for which a normal turnaround is sufficient). These transcripts should only reflect the language used by the witnesses and counsel (no translation). The parties will split the cost of these transcripts and we understand that a provided directly to the trial judge as is customary. [...] received on 17-JAN-2020

Consent on behalf of Defendant to the service and filing of Third Amended Reply and Defence by Counterclaim filed on 19-DEC-2019

Oral directions received from the Court: The Honourable Mr. Justice Grammond dated 14-JAN-2020 directing that 1. Plaintiff is asked to suggest a time for Mr. Nadeau¿s testimony that would be within the existing trial schedule, not on a Friday. 2.While recognizing that there is a diversity of opinion on the matter, I am of the view that there is no need to have Mr. Nadeau sworn according to Mexican law or through the assistance of a Mexican official. placed on file on 14-JAN-2020 Confirmed in writing to the party(ies)

Letter from Defendant dated 13-JAN-2020 enclosing hard copies and electronic courtesy copies of the Defendant's expert reports, as per the Order of the Court dated September 19, 2019 received on 13-JAN-2020

Letter from Defendant dated 13-JAN-2020 [...]We write further to counsel for the Plaintiff's letter of today's date. [...] received on 13-JAN-2020

Letter from Plaintiff dated 13-JAN-2020 [We write to provide an update on 2 issues that were discussed during the trial management teleconference held on December 17, 2019. (1) Testimony of Mr. Normand Nadeau and (2) Trial Chart. received on 13-JAN-2020

Letter from Defendant dated 10-JAN-2020 "We are writing to request simultaneous translation during the trial of Federal Court [...] The parties are still finalizing the trial schedule, and an additional request for English to French translation may be required for a few witnesses. We will advise the Court as soon as possible if simultaneous translation from English to French is required. [...] received on 10-JAN-2020

Covering letter from Plaintiff dated 20-DEC-2019 concerning Doc. Nos. 153 154 placed on file on 20-DEC-2019

Affidavit of service of Julie Morin sworn on 20-DEC-2019 on behalf of Plaintiff confirming service of Trial Record Doc.153 upon Defendant by e-mail on 20-DEC-2019 filed on 20-DEC-2019

Trial Record on behalf of Plaintiff (electronic copy) (Version Public and Version Confidential) filed on 20-DEC-2019

Letter from Plaintiff / Defendant by Counterclaim (Bauer) dated 20-DEC-2019 re Plainitff's potential motion related to the admissibility of the Defendant's expert evidence "(...) we propose to follow the same schedule set out in the Order of December 18, 2019 for the Defendant's motion (...)" (scanned to Trial Judge) received on 20-DEC-2019

Affidavit of service of Julie Morin sworn on 19-DEC-2019 on behalf of Plaintiff/Defendant by Counterclaim confirming service of Third Amended Reply and Defence to Counterclaim Reply (Doc. 151) upon Defendant/Plaintiff by Counterclaim by email on 19-DEC-2019 filed on 19-DEC-2019

Third Amended Reply and Defence to Counterclaim Reply on behalf of Plaintiff/Defendant by Counterclaim Filed on 19-DEC-2019

Affidavit of service of Nancy Gallinger sworn on 20-DEC-2019 on behalf of Plaintiff confirming service of Doc. 149 upon Defendant by email on 20-DEC-2019 filed on 20-DEC-2019

Third Amended Reply to Defence to Counterclaim on behalf of Plaintiff Filed on 20-DEC-2019

Acknowledgment of Receipt received from all parties by email with respect to Doc. 148 placed on file on 19-DEC-2019

Order dated 19-DEC-2019 rendered by The Honourable Mr. Justice Grammond Matter considered with personal appearance The Court's decision is with regard to Trial Management Conference Result: THIS COURT ORDERS: 1. Defendant will serve and file its motion related to the admissibility of certain parts of Plaintiffs expert reports on or before January 24, 2020. 2. (see order ...) Filed on 19-DEC-2019 copies sent to parties entered in J. & O. Book, volume 1439 page(s) 481 - 482 Interlocutory Decision

Acknowledgment of Receipt received from both parties (by e-mail) with respect to Order doc. no. 147 placed on file on 18-DEC-2019

Order dated 18-DEC-2019 rendered by Mireille Tabib, Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Defendant (ID:328) dated 17-DEC-2019 re: parties' joint informal motion Result: "THIS COURT ORDERS THAT: 1. The Third Amended Statement of Defence and Counterclaim filed on December 13, 2019 shall be removed from the record and returned to the Defendant, and the replacement version, submitted for filing under cover of the Defendant's counsel's letter dated December 16, 2019, shall be filed in its place." Filed on 18-DEC-2019 copies sent to parties entered in J. & O. Book, volume 1439 page(s) 376 - 376 Interlocutory Decision

Communication to the Court from the Registry dated 17-DEC-2019 re: Defendant's letter ID: 328

Ottawa 17-DEC-2019 BEFORE The Honourable Mr. Justice Grammond Language: E Before the Court: Trial Management Conference Discussion on proposed Trial Chart Result of Hearing: Matter reserved held by way of Conference Call Duration per day: 17-DEC-2019 from 02:00 to 02:58 Courtroom : Judge's Chambers - Ottawa Court Registrar: Kassandra Cormier Total Duration: 58mins Appearances: Mr. Jean-Sebastien Dupont, Mr. Francois Guay, Mr. Jeremy Want 514-954-1500 representing Plaintiff Mr. Jay Zakaib, Mr. Federick Lussier, Ms. Erin Creber 613-783-8987 representing Defendant Comments: MP3 utilisé. Ordonnance à venir pour les échéances de la requête. RO: Candice DeMontigny a assisté par téléconférence de MTL. One-Week extension is granted for the filed of the Trial Record Minutes of Hearing entered in Vol. 1037 page(s) 424 - 427 Abstract of Hearing placed on file

Letter from Defendant dated 16-DEC-2019 "(...) We are writing with the consent of the Plaintiff to request that the Court permit the Defendant's Third Amended Statement of Defence and Counterclaim filed on December 13, 2019 to be replaced with the attached pleading. (...)" received on 17-DEC-2019

Letter from Plaintiff dated 16-DEC-2019 re paragraph 5c) of the Order dated September 19, 2019 (Scanned to presiding Trial Judge) received on 16-DEC-2019

Letter from Plaintiff dated 13-DEC-2019 The parties jointly propose to discuss the following items at the TMC and request a one-week extension to file te Joint Trial Record. (Scanned to presiding judge) received on 13-DEC-2019

Affidavit of service of Nancy Gallinger sworn on 13-DEC-2019 on behalf of Defendant confirming service of Third Amended Statement of Defence and Counterclaim upon Plaintiff by email on 13-DEC-2019 filed on 13-DEC-2019

Amended (Third) Statement of Defence and Counterclaim with consent of Plaintiff filed on 13-DEC-2019

Consent on behalf of Plaintiff to the service and filing of the Defendant's Third Amended Statement of Defence and Counterclaim. filed on 13-DEC-2019

Letter from Defendant dated 11-DEC-2019 re Plaintiffs letter regarding the parties proposed trial charts (Scanned to Presiding Judge) received on 11-DEC-2019

Letter from Plaintiff dated 06-DEC-2019 RE: Providing a draft trial chart.. (Scanned to Presiding Judge) received on 06-DEC-2019

Acknowledgment of Receipt received from all parties, by reply email confirmation with respect to order dated September 19, 2019 placed on file on 19-SEP-2019

Order dated 19-SEP-2019 rendered by The Honourable Mr. Justice Grammond Matter considered without personal appearance The Court's decision is with regard to Trial Management Conference Result: see complete order for details and timeline Filed on 19-SEP-2019 copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1426 page(s) 240 - 242 Interlocutory Decision

Ottawa 17-SEP-2019 BEFORE The Honourable Mr. Justice Grammond Language: E Before the Court: Trial Management Conference and Case Management Conference (Madam Prothontary Mireille Tabib also presiding) Result of Hearing: Order to follow. Further TMC scheduled for December 17, 2019 at 2:00 p.m. held by way of Conference Call Duration per day: 17-SEP-2019 from 02:01 to 03:06 Courtroom : Judge's Chambers - Ottawa Court Registrar: Emily Price Total Duration: 1h5min Appearances: Mr. Jeremy Want, Mr. Matthew Burt and Mr. Jean-Sebastien Dupont 613-232-2486 representing Plaintiff Mr. Jay Zakaib, Ms. Erin Creber and Mr. Frédéric Lussier 613-786-0151 representing Defendant Comments: Conference Room 1147 was used for this hearing. Minutes of Hearing entered in Vol. 1031 page(s) 1 - 9 Abstract of Hearing placed on file

Letter from Smart & Biggar dated 03-SEP-2019 to advise that the name are changed for Smart & Bigger LLP received on 03-SEP-2019

Communication to the Court from the Registry dated 16-SEP-2019 re: in preparation for jont CMC/TMC scheduled for September 17, 2019.

Letter from Defendant (with consent of Plaintiff) dated 13-SEP-2019 providing a list of issues and agenda for the joint case and trial management telephone conference scheduled for September 17, 2019. received on 13-SEP-2019

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 03-SEP-2019 directing that "The case management telephone conference scheduled for September 6, 2019 is now cancelled." placed on file on 03-SEP-2019 Confirmed in writing to the party(ies)

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 30-AUG-2019 directing that "1- A joint case and trial management telephone conference will be held at 2:00 p.m. on September 17, 2019; 2- The parties' proposed modifications, on consent, to items 14 and 15 of the Order of January 22, 2019 are approved in principle, and the changes are to be formally incorporated into any revised scheduling order resulting from the joint case/trial management conference. 3- The parties are to file jointly, by September 13, 2019, a detailed list of issues and agenda for discussion." placed on file on 30-AUG-2019 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 21-AUG-2019 re: request for joint CMC/TMC

Letter from Plaintiff dated 15-AUG-2019 re: proposed changes to the pre-trial schedule and propose to schedule a joint case management and trial management conference in September to discuss the issues (...) received on 15-AUG-2019

Acknowledgment of Receipt received from both parties with respect to ID 308 and 309 placed on file on 02-AUG-2019

Order dated 02-AUG-2019 rendered by Mireille Tabib, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 124 Result: granted in part Filed on 02-AUG-2019 entered in J. & O. Book, volume 1421 page(s) 257 - 262 Interlocutory Decision

Order dated 02-AUG-2019 rendered by Mireille Tabib, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 120 Result: granted in part Filed on 02-AUG-2019 copies sent to parties entered in J. & O. Book, volume 1421 page(s) 252 - 256 Interlocutory Decision

Communication to the Court from the Registry dated 31-JUL-2019 re: the parties' correspondence dated 31-Jul-2019

Letter from Defendant dated 31-JUL-2019 providing draft orders re: the hearing of June 5, 2019 and representations on the parties' disagreement on language re: Plaintiff's motion received on 31-JUL-2019

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 31-JUL-2019 directing that ¿The Court has considered the correspondence of the Defendant, including the letters attached thereto. The changes to the schedule suggested by the Defendant do not appear to be necessitated by new circumstances or facts, but by the Defendant¿s belief that they would be more suitable. The Court is disposed to hold a case management telephone conference to discuss and assist the parties in managing changes which they both agree should be made. However, in respect of proposed changes to which the Plaintiff does not consent, the Court fails to see the benefit of a case management telephone conference, as the Court does not tend to overturn or vary decisions already made without consent or special circumstances. Bearing the above in mind, the Court will make itself available for a case management telephone conference in this matter beginning at 10 am on September 6, 2019, should the parties need to discuss or obtain assistance in respect of proposed modifications to the schedule. The parties are to advise the Court whether such a case management telephone conference is needed by August 26, 2019, and to provide the Court with a proposed agenda for discussion by August 30, 2019.¿ placed on file on 31-JUL-2019 Confirmed in writing to the party(ies)

Draft Order concerning Sealed enveloppe received on 31-JUL-2019

Sealed envelope pursuant to Protective Order (Doc. 16) on behalf of Plaintiff Filed on 31-JUL-2019

Communication to the Court from the Registry dated 30-JUL-2019 re: Defendant's request in letter dated July 24, 2019 to schedule a CMC

Letter from Defendant dated 24-JUL-2019 writing to request a case management conference to discuss the schedule of the present action. received on 24-JUL-2019

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 17-JUL-2019 directing that ¿The Court¿s directions, made in the course of a case management conference held on June 5, 2019 immediately after the Plaintiff¿s motion to compel, should have been captured in the audio recording of that hearing, and to the extent the parties need ascertain what was said, they may refer back to the audio recording. The Court does not intend to revisit directions previously made or to make any further direction on these issues.¿ placed on file on 17-JUL-2019 Confirmed in writing to the party(ies)

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 15-JUL-2019 directing that ¿The parties are dispensed with the requirement of filing their expert reports at this time, but shall make submissions, by August 31, 2019, as to a date by which the reports are to be filed.¿ placed on file on 15-JUL-2019 Confirmed in writing to the party(ies)

Letter from Plaintiff dated 12-JUL-2019 re: upcoming deadline of July 15, 2019 for the parties to exchange their expert reports in chief (...) received on 12-JUL-2019

Communication to the Court from the Registry dated 09-JUL-2019 re: parties' correspondence re: content of the monetary expert reports

Letter from Plaintiff dated 08-JUL-2019 in response to the letter from counsel for the Defendant of today's date received on 08-JUL-2019

Letter from Defendant dated 08-JUL-2019 further to the Plaintiff's letter dated July 5, 2019 regarding the content of expert reports. received on 08-JUL-2019

Letter from Plaintiff dated 05-JUL-2019 requesting a formal direction from the Court flowing from the Court's ruling at the hearing on June 5, 2019, which confirms the content of the monetary expert reports as set out in the chart received on 05-JUL-2019

Memorandum to file from Amelie Sabourin dated 07-JUN-2019 DARS request for hearing of the motion heard on June 5, 2019. placed on file.

Covering letter from Plaintiff/ Defendants by Counterclaim dated 31-MAY-2019 concerning Doc. Nos. 137, 138, 139 and Id. No. 290 placed on file on 31-MAY-2019

Solicitor's certificate of service on behalf of Matthew Burt confirming service of Responding motion Record and Book of Authorities for CCM's Motion to Compel and CCM's Motion for Further and Better Affidavit of Documents. upon Defendant by email on 31-MAY-2019 filed on 31-MAY-2019

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff,/ Defendant by counterclaim received on 31-MAY-2019

Sealed envelope pursuant to pursuant to the Confidentiality Order of the Court dated May 6, 2014 on behalf of Plaintiff/ Defendant by Counterclaim purporting to contain a confidential Record (Confidential exhibits L,Q,S,T and Confidential written representations). Filed on 31-MAY-2019

Motion Record in response to Motion Doc. No. 124 containing the following original document(s): 135 136 Number of copies received: 3 on behalf of Plaintiff/ Defendant by Counterclaim filed on 31-MAY-2019

Written representations (see confidential volume) contained within a Motion Record on behalf of Plaintiff, Defendant by counterclaim concerning Motion Doc. No. 124 filed on 31-MAY-2019

Affidavit of Julie Morin sworn on 31-MAY-2019 contained within a Motion Record on behalf of Plaintiff, Defendant by Counterclaim I)In response to the Defendant's motion to Compel Answers from the Plaintiff with Exhibits A-t (see confidential volume for Exhibits L,Q,S,T) filed on 31-MAY-2019

Affidavit of service of Nancy Gallinger sworn on 31-MAY-2019 on behalf of Defendant confirming service of documents 132 and 133 and ID no. 134 upon Plaintiff/Defendant by Counterclaim by e-mail on 31-MAY-2019 filed on 31-MAY-2019

Book of Authorities consisting of 1 volume(s) on behalf of Defendant Defendant/Plaintiff by Counterclaim received on 31-MAY-2019 Sent directly to Presiding Judge

Sealed envelope pursuant to the Confidentiality Order of the Court dated May 6, 2014 on behalf of Defendant/Plaintiff by Counterclaim purporting to contain a Confidential Motion Record (confidential exhibits B,C,D,E,F,G and H and Confidential written representations). Filed on 31-MAY-2019

Motion Record in response to Motion Doc. No. 57 containing the following original document(s): 130 131 Number of copies received: 3 on behalf of Defendant/Plaintiff by Counterclaim filed on 31-MAY-2019

Written Representations (see Confidential volume) contained within a Motion Record on behalf of Defendant/Plaintiff by Counterclaim concerning Motion Doc. No. 57 filed on 31-MAY-2019

Affidavit of Nancy Gallinger sworn on 31-MAY-2019 contained within a Motion Record on behalf of Defendant/Plaintiff by Counterclaim in opposition to Motion Doc. No. 57 with Exhibits A,B,C,D,E,F,G,H and I (see confidential volume for Exhibits D,E,F,G, and H) filed on 31-MAY-2019

Letter from Plaintiff dated 22-MAY-2019 further to the Direction of the Court dated May 17, 2019, we would prefer to spend a few minutes following the parties' motions to compel on June 5, 2019 speaking to the issues. (...) received on 22-MAY-2019

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 17-MAY-2019 directing that ¿The parties¿ motion to compel will be heard in Ottawa, beginning at 9:30 AM on June 5, 2019, for a duration of five hours. With respect to the issue of expert reports on monetary remedies, the Court is in general agreement with the position set out in the Defendant`s correspondence. The Court adds the observation that experts provide an opinion as to the conclusions to be drawn from objective fact. The facts upon which the opinions are based are, until proven at trial, hypothesis, and the probative of value of opinions is dependent upon whether the underlying facts are established. As such, and because expert reports are exchanged before the trial begins, they always anticipate the evidence and are based on assumptions and presumptions as to what might be proven. The Court fails to see how the order in which opinion evidence is filed could therefore have the effect of shifting the onus of proving the underlying facts. If the Plaintiff maintains its request for a case management telephone conference, it shall provide to the Court the parties¿ mutual dates of availability.¿ placed on file on 21-MAY-2019 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 16-MAY-2019 re: scheduling of parties' motion to compel

Covering letter from Plaintiff dated 15-MAY-2019 concerning document no. 126 and book of authorities and document no. 127 and their availability of the hearing of the motion and other information. placed on file on 15-MAY-2019

Solicitor's certificate of service on behalf of Matthew Burt confirming service of of document no. 127 and book of authorities and document no. 128 upon Defendant by email on 15-MAY-2019 filed on 15-MAY-2019

Sealed envelope pursuant to to the Confidentiality Order of the Court, dated May 6, 2014 on behalf of Plaintiff purporting to contain to the contain a Confidential motion record (confidential exhibits "A", "B", "D", "F" and confidential written representations) Filed on 15-MAY-2019

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 15-MAY-2019

Motion Record containing the following original document(s): 124 125 126 Number of copies received: 3 on behalf of Plaintiff filed on 15-MAY-2019

Written representations (see confidential volume) contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 124 filed on 15-MAY-2019

Affidavit of P.Claire Gordon sworn on 15-MAY-2019 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 124 with Exhibits Exhibits "A" to "F" (see confidential volume for Exhibits"A", "B", "D", "F") filed on 15-MAY-2019

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 compel answers to outstanding questions from the examination for discovery of Sports Maska Inc. filed on 15-MAY-2019

Letter from Defendant dated 15-MAY-2019 in response to the Plaintiff's letter dated May 14, 2019, regarding the content of expert reports. Availabilities for CMC to discuss on May 16-17 or 27-29. (...) received on 15-MAY-2019

Letter from Plaintiff dated 14-MAY-2019 seeking a direction from the Court regarding the content of the parties' expert reports relating to the monetary remedies (...) If necessary, counsel for Bauer is available for a CMC to further discuss the issues on May 16, 17 24, 27, 28, 29 and June 3-6, 2019. received on 14-MAY-2019

Affidavit of service of Nancy Gallinger sworn on 15-MAY-2019 on behalf of Defendant confirming service of DOCS 119,120,121 & 122 upon Plaintiff by e-mail pursuant to the parties' agreement to electronic service on 15-MAY-2019 filed on 15-MAY-2019

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 15-MAY-2019

Motion Record containing the following original document(s): 119 120 121 Number of copies received: 3 on behalf of Defendant (4 volumes) Volumes 2 and are confidential and sealed. filed on 15-MAY-2019

Affidavit of Nancy Gallinger sworn on 15-MAY-2019 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 119 with Exhibits A,B,C,D,E,F,G,H,I,J,K,L,M,N,O,P,Q filed on 15-MAY-2019

Notice of Motion contained within a Motion Record on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order Order requiring plaintiff to serve a better affidavit of Documents that sets out in proper detail documents describing the valuation of the current litigation at the time of its alleged assignment on 27-FEB-2017 and subsequently, including the asset purchase price allocation schedule of the agreement of purchase ans sale and from other documents associated with acquisition of Bauer Corp. assets by the Plaintiff; to re-attend on examination for discovery to answer questions in relation to documents produced pursuant to this motion; the Defendant's costs for this motion and; such further and other relief as this Honourable Court may deem just. filed on 15-MAY-2019

Notice of Motion contained within a Motion Record on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order requiring the plaintiff to provide answers to questions from the examination of Mr. Kenneth Covo held on 054-APR-2019 as set out in schedule A to this motion record; the Defendant's costs; and such furhter and other relief as this Honourable Court may deem just. filed on 15-MAY-2019

Memorandum to file from Lalonde, K. dated 01-MAY-2019 (RE: Motion Record dated January 18, 2019 and Defendant's letter dated March 12, 2019) When preparing the motion material to send to the Judicial Administrator, the Registry noticed that one of the 3 copies of the motion contained the wrong Notice of Motion by mistake. After making sure that the 2 other copies had the correct Notice, the Registry contacted the Defendant's counsel to inform of the mistake, to which they responded with their letter dated March 12, 2019 to request that it be corrected. placed on file.

Acknowledgment of Receipt received from both parties (by fax) with respect to Doc. 118 placed on file on 25-APR-2019

Reasons for Order and Order dated 25-APR-2019 rendered by The Honourable Mr. Justice Lafrenière Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 102 Result: "1. The motion on appeal of Prothonotary Tabib's Order dated January 8, 2019 is dismissed. 2. Costs of the motion, hereby fixed in the amount of $4,000, shall be paid by the Defendant to the Plaintiff. Filed on 25-APR-2019 copies sent to parties Interlocutory Decision Copy of Reasons for Order and Order entered in J. & O. Book, volume 1408 page(s) 166 - 175

Bill of costs of Plaintiff filed at hearing on 23-APR-2019

Memorandum to file from Wayne Sawtell dated 23-APR-2019 the Defendant's motion was dismissed, and the Court (Lafrenière, J.) will issue an order. placed on file.

Ottawa 23-APR-2019 BEFORE The Honourable Mr. Justice Lafrenière Language: E Before the Court: Appeal to hear the appeal of the order of the Court (Tabib, P.) rendered January 8, 2019, which granted the Plaintiff leave to file an amended Statement of Claim and dismissed the Defendant's cross-motion for bifurcation. Result of Hearing: Matter dismissed held in Court Senior Usher: Denis Martin Duration per day: 23-APR-2019 from 09:31 to 11:23 Courtroom : Conference Room 1104, 11th Floor - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Wayne Sawtell Total Duration: 1h 52min Appearances: Jay Zakaïb 613-783-8806 representing Defendant (CCM Hockey) Alex Camenzind 613-786-0151 representing Defendant (CCM Hockey) Jeremy Want 613-232-2486 representing Plaintiff (Bauer Hockey Ltd.) Matthew Burt 613-232-2486 representing Plaintiff (Bauer Hockey Ltd.) Comments: an order will be issued; DARS recording was used; TASCOM back-up recorder was used. Minutes of Hearing entered in Vol. 1022 page(s) 447 - 453 Abstract of Hearing placed on file

Ottawa 15-APR-2019 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: parties are to provide a date for responding record to be filed and dates of mutual availabilities to schedule a motion. held by way of Conference Call in chambers Duration per day: 15-APR-2019 from 02:00 to 02:08 Courtroom : Judge's Chambers - Ottawa Court Registrar: Amélie Sabourin Total Duration: 8mins Appearances: Jeremy Want and Matthew Burt 613-232-2486 representing Plaintiff Jay Zakaib, Erin Creber and Justin Smith 613-786-0151 representing Defendant Minutes of Hearing entered in Vol. 1022 page(s) 224 - 226 Abstract of Hearing placed on file

Communication to the Court from the Registry dated 09-APR-2019 re: in preparation for the CMC dated April 15, 2019.

Covering letter from the Plaintiff/Defendant by Counterclaim dated 08-APR-2019 concerning Doc. Nos. 115 116 placed on file on 08-APR-2019

Solicitor's certificate of service on behalf of Matthew Burt confirming service of document no. 115 and ID no. 250 upon the Defendant/Plaintiff by Counterclaim by e-mail and courier on 08-APR-2019 filed on 08-APR-2019

Book of Authorities consisting of 1 volume(s) on behalf of the Plaintiff/Defendant by Counterclaim received on 08-APR-2019

Sealed envelope pursuant to the Confidentiality Order of May 6, 2014 on behalf of the Plaintiff/Defendant by Counterclaim purporting to contain CONFIDENTIAL Motion Record containing document nos. 113 & 114 (in 2 volumes) Filed on 08-APR-2019

Affidavit of CONFIDENTIAL sworn on 28-SEP-2018 contained within a Motion Record on behalf of the Plaintiff/Defendant by Counterclaim in opposition to Motion Doc. No. 102 with Exhibits A, B, C, D, and E filed on 08-APR-2019

Written CONFIDENTIAL Representations contained within a Motion Record on behalf of the Plaintiff/Defendant by Counterclaim concerning Motion in writing Doc. No. 102 filed on 08-APR-2019

****** CANCELLED ****** Sealed envelope pursuant to the Confidentiality Order of May 6, 2014. on behalf of the Plaintiff/Defendant by Counterclaim (Bauer) purporting to contain Written Representations Filed on 08-APR-2019

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 03-APR-2019 directing that "A case management telephone conference will be held in Court files T-546-12 and T-1368-17 one immediately after another, beginning at 2:00 p.m. on April 15, 2019." placed on file on 03-APR-2019 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 02-APR-2019 re: request for CMC

Letter from Plaintiff dated 02-APR-2019 in response to the letter from counsel for the Defendant dated March 29, 2019. (...) received on 02-APR-2019

Letter from Defendant dated 29-MAR-2019 advising that the Defendant wishes to bring a motion pursuant to section 227 of the FCR and request a cmc to discuss scheduling of this motion. received on 29-MAR-2019

Acknowledgment of Receipt received from bot parties by e-mail with respect to ID 240 placed on file on 27-MAR-2019

Written directions received from the Court: Chief Justice Crampton dated 26-MAR-2019 directing that "The Defendant's motion to appeal (in part) the Order dated January 8, 2019 (Doc. no. 102) will be heard before this Court at the Thomas D'Arcy McGee Building, 90 Sparks Steet, in the City of Ottawa, Ontario, on Tuesday, the 23rd day of April, 2019, at 9:30 in the forenoon for a duration of three (3) hours. The Plaintiff's responding motion record will be served and filed no later than April 8, 2019." placed on file on 26-MAR-2019 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 21-MAR-2019 re: Defendant's motion record (Doc. No. 102, 107, 108, 109) to appeal the Order of Madam Prothonotary Tabib dated January 8, 2019 sent to the Judicial Administrator for scheduling

****** CANCELLED ****** Communication to the Court from the Registry dated 20-MAR-2019 re: Defendant's motion record (Doc. No. 102, 107, 108, 109) sent to the Judicial Administrator for scheduling

****** CANCELLED ****** Communication to the Court from the Registry dated 12-MAR-2019 re: Defendant's motion record (Doc. No. 107) sent to the Judicial Administrator for scheduling

Letter from Defendant dated 12-MAR-2019 enclosing the correct Notice of Motion for their Motion Record to appeal the Order of the Court (Tabib, P.) dated January 8, 2019 - requesting that it be replaced from the motion received on 12-MAR-2019

****** CANCELLED ****** Communication to the Court from the Registry dated 07-MAR-2019 re: Defendant's motion record (Doc. No. 107) sent to the Judicial Administrator for scheduling

Memorandum to file from Amelie Sabourin dated 06-MAR-2019 as per Madam Tabib's oral direction dated March 4, 2019, the motion to appeal is being placed before the judicial administrator for setting a date for the hearing of a bilingual motion on either of the dates suggested by the parties; it is not necessary that the motion be heard by the trial judge. placed on file.

Communication to the Court from the Registry dated 04-MAR-2019 re: availabilities for scheduling of motion to appeal

Letter from Plaintiff dated 04-MAR-2019 availability for CCM's R. 51 motion. (...) received on 04-MAR-2019

Letter from Plaintiff dated 01-MAR-2019 in response to the letter that counsel for CCM submitted to the Court earlier today regarding the R.51 motion, providing additional information to the Court regarding the scheduling of steps in the motion. (...) received on 01-MAR-2019

Letter from Defendant dated 01-MAR-2019 pursuant to Prothonotary Tabib's direction dated February 5, 2019, to advise the Court with respect to the schedule for briefing and hearing of the Defendant's Rule 51 motion. (...) received on 01-MAR-2019

Affidavit of service of Nancy Gallinger sworn on 21-FEB-2019 on behalf of Defendant confirming service of of the Book of Authorities (ID#228) upon Plaintiff by email on 21-FEB-2019 filed on 21-FEB-2019

Book of Authorities (motion #102) consisting of 1 volume(s) on behalf of Defendant received on 21-FEB-2019

Solicitor's certificate of service on behalf of Erin Creber confirming service of Documents 107;108 and 109 upon Plaintiff by email on 18-FEB-2019 filed on 19-FEB-2019

Sealed envelope pursuant to the Protective Order dated May 6, 2014 on behalf of Defendant purporting to contain Defendant's written representations (Volume 3) Filed on 19-FEB-2019

Sealed envelope pursuant to the Protective Order dated May 6, 2014 on behalf of Defendant purporting to contain Defendant's Affidavit of Julie Lamontagne (Vol. 2) Filed on 19-FEB-2019

Motion Record containing the following original document(s): 102 108 109 Number of copies received: 3 on behalf of Def. Vol. 1(doc.102)Public,Vol. 2 (Doc.108);Vol. 3(Doc.109)Confidential filed on 19-FEB-2019

Written directions received from the Court: Mireille Tabib, Prothonotary dated 05-FEB-2019 directing that 1. The Defendant shall serve and file its entire motion record, including all affidavits and all materials upon which it intends to rely, as well as its written representations, without delay. 2. The Plaintiff shall then advise, within 3 days of service of the Defendant's motion record, whether it intends to cross-examine on the Defendant's affidavits. (...) placed on file on 05-FEB-2019 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 04-FEB-2019 re: submissions on information requested for scheduling of motion to appeal.

Letter from Plaintiff dated 01-FEB-2019 in response to the Court's direction dated January 25, 2019 which requests that the parties provide certain information regarding CCM's motion to appeal. (...) received on 01-FEB-2019

Letter from Defendant dated 01-FEB-2019 submissions as per the Court's direction dated January 25, 2019. received on 01-FEB-2019

Affidavit of service of Nancy Gallinger sworn on 31-JAN-2019 on behalf of Defendant confirming service of Further Amended Reply to Defence to Counterclaim upon Plaintiff by eletronic service on 31-JAN-2019 filed on 31-JAN-2019

Further Amended Reply to Defence to Counterclaim filed on 31-JAN-2019

Affidavit of service of Nancy Gallinger sworn on 19-JAN-2019 on behalf of Defendant confirming service of doc. no. 102 upon Plaintiff by electronic mail on 19-JAN-2019 filed on 18-JAN-2019

Covering letter from Defendant dated 18-JAN-2019 concerning Doc. No. 102 placed on file on 18-JAN-2019

Notice of Motion on behalf of Defendant in writing to be placed before the Court in Ottawa for an appeal of the decision of Mireille Tabib, Prothonotary dated 08-JAN-2019 filed on 18-JAN-2019

Solicitor's certificate of service on behalf of Matthew Burt confirming service of Further Amended Reply and Defence to Counterclaim (Doc 100)_ upon Plaintiff by email on 25-JAN-2019 filed on 25-JAN-2019

Covering letter from Plaintiff dated 25-JAN-2019 concerning Doc. No. 100 placed on file on 25-JAN-2019

Further Amended Reply and Defence to Counterclaim filed on 25-JAN-2019

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 25-JAN-2019 directing that "The parties are to consult with each other and provide the Court with the following information by February 1, 2019: 1. A proposed schedule for service and filing of the parties' respective motion records on an expeditious fashion; 2. Confirmation of the estimated duration of the hearing of the motion; 3. Confirmation of the language of the hearing; 4. Both parties' date and place of availability for a hearing." placed on file on 25-JAN-2019 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 22-JAN-2019 re: filing of the notice of motion to appeal Order dated January 8, 2019

Letter from Defendant dated 17-JAN-2019 DARS request for 22-Nov-2018 hearing received on 17-JAN-2019

Affidavit of service of Nancy Gallinger sworn on 15-JAN-2019 on behalf of Defendant confirming service of Further Amended Statement of Defence and Counterclaim upon Plaintiff by email on 15-JAN-2019 filed on 15-JAN-2019

Further Amended Defence and Counterclaim filed on 15-JAN-2019

Order dated 08-JAN-2019 rendered by Mireille Tabib, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 79 Result: 1. The Plaintiff has leave to amend its Statement of Claim in accordance with the draft proposed in Schedule "A" to its notice of motion, but the Amended Statement of Claim must also include the particulars set out in its counsel's letter to the Court dated December 6, 2018, and the clarification provided at the hearing that claim 5 of the patent at issue is asserted only insofar as it is dependent on claim 1 of the patent. (...) Filed on 08-JAN-2019 copies sent to parties Transmittal Letters placed on file. entered in J. & O. Book, volume 1396 page(s) 156 - 169 Interlocutory Decision

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 08-JAN-2019 directing that "The submissions made in Counsel for the Defendant's letter of January 4, 2019, to the effect that a decision on the motion to amend remains outstanding, are not entirely accurate. The Court has already determined part of the Plaintiff's motion to amend at the conclusion of the hearing of December 10, 2018: the Court granted leave to amend, specified the required content of the amended statement of claim, and set a schedule for the service and filing of amended pleadings. Only the issues of further conditions for the amendment, including the Defendant's cross-motion the extension of the trial duration and costs, were taken under advisement. Leave to amend having been granted and an amended pleading having been filed before December 13, 2018, the issues raised in the Defendant's letter are moot, and the Court will proceed to issue its formal order on all issues later today." placed on file on 08-JAN-2019 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 07-JAN-2019 re: with respect to Bauer's motion to amend and CCM's motion for bifurcation

Letter from Defendant dated 04-JAN-2019 with respect to Bauer's motion to amend and CCM's motion for bifurcation heard together on November 22 and December 10, 2018 (...) received on 04-JAN-2019

Covering letter from Plaintiff dated 11-DEC-2018 concerning Doc. Nos. 95 96 placed on file on 11-DEC-2018

Solicitor's certificate of service on behalf of Matthew Burt confirming service of Further Amended Statement of Claim upon Defendant by e-mail and courier on 11-DEC-2018 filed on 11-DEC-2018

Further Amended Statement of Claim filed on 11-DEC-2018

Ottawa 10-DEC-2018 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Continuation of the Motion Doc. No. 79 on behalf of Plaintiff Result of Hearing: Matter partially reserved. Submissions made on motion for amendment. held in Court Senior Usher: Pierre Gendron Duration per day: 10-DEC-2018 from 10:00 to 12:45 Courtroom : Conference Room 1104, 11th Floor - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Amélie Sabourin Total Duration: 2.45mins Appearances: Jeremy Want and Nora Labbancz n/a representing Plaintiff Jay Zakaib, Erin Creber and Frederic Lussier n/a representing Defendant Minutes of Hearing entered in Vol. 1013 page(s) 43 - 56 Abstract of Hearing placed on file

Letter from Plaintiff dated 06-DEC-2018 further to the CMC held on November 27, 2018 in which the Court requested that Bauer provide certain information related to the parties' recent motion (...) received on 07-DEC-2018

Consent on behalf of all parties to the electronic service of all documents in this action that are not required to be served personally filed on 07-DEC-2018

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 27-NOV-2018 directing that "The continuation of the hearings of motions will be heard in Ottawa on December 10, 2018, beginning at 10:00 a.m. for duration of 2 hours." placed on file on 28-NOV-2018 Confirmed in writing to the party(ies)

Ottawa 27-NOV-2018 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: continuation of motion is scheduled to be heard on December 10, 2018 at 10:00 a.m. for 2 hours. Parties are to provide the Court with an update in writing by December 6, 2018. held by way of Conference Call in chambers Duration per day: 27-NOV-2018 from 02:00 to 02:33 Courtroom : Judge's Chambers - Ottawa Court Registrar: Amélie Sabourin Total Duration: 33mins Appearances: Jeremy Want and Nora Labbancz n/a representing Plaintiff Jay Zakaib, Erin Creber and Frederic Lussier n/a representing Defendant Minutes of Hearing entered in Vol. 1012 page(s) 58 - 61 Abstract of Hearing placed on file

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 22-NOV-2018 directing that "A case management telephone conference will be held at 2:00 p.m. on November 27, 2018." placed on file on 23-NOV-2018 Confirmed in writing to the party(ies)

Ottawa 22-NOV-2018 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Motion Doc. No. 79 on behalf of Plaintiff Result of Hearing: hearing adjourned to a CMTC dated November 27, 2018 at 2:00 p.m. held in Court Duration per day: 22-NOV-2018 from 01:30 to 03:30 Courtroom : Conference Room 1104, 11th Floor - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Amélie Sabourin Total Duration: 2h Appearances: Jeremy Want and Nora Labbancz n/a representing Plaintiff Jay Zakaib, Erin Creber and Frederic Lussier n/a representing Defendant Minutes of Hearing entered in Vol. 1010 page(s) 341 - 348 Abstract of Hearing placed on file

Covering letter from Plaintiff dated 19-NOV-2018 concerning Responding Motion Record and Book of Authorities placed on file on 19-NOV-2018

Solicitor's certificate of service on behalf of Nora Labbancz confirming service of of document #92 upon Defendant by overnight courier on 19-NOV-2018 filed on 19-NOV-2018

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 19-NOV-2018

Motion Record in response to Motion Doc. No. 85 Number of copies received: 3 on behalf of Plaintiff filed on 19-NOV-2018

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 85 filed on 19-NOV-2018

Affidavit of service of Nancy Gallinger sworn on 07-NOV-2018 on behalf of Defendant confirming service of DOC. No. 89 upon Plaintiff by email on 07-NOV-2018 filed on 07-NOV-2018

Book of Authorities consisting of 2 volume(s) on behalf of Defendant received on 07-NOV-2018

Motion Record containing the following original document(s): 85 86 87 88 Number of copies received: 3 on behalf of Defendant filed on 07-NOV-2018

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 85 filed on 07-NOV-2018

Sealed envelope pursuant to Protective and confidentiality Order DOC. No. 16 on behalf of Defendant purporting to contain confidential exhibit Q-EE of Affidavit of Barbara Gallagher (DOC. NO. 86) Received on 07-NOV-2018

Affidavit of Barbara Gallagher sworn on 02-NOV-2018 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 85 and in reponse to Doc. No. 79 with Exhibits A-EE filed on 07-NOV-2018

Affidavit of Pierre Cantin sworn on 02-NOV-2018 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 85 and in response to Doc. No. 79 with Exhibits A filed on 07-NOV-2018

Draft Order concerning Motion Doc. No. 85 received on 07-NOV-2018

Notice of Motion contained within a Motion Record on behalf of Defendant returnable at Special Sitting in Ottawa on 22-NOV-2018 to begin at 01:30 for an Order pursuant to Rule 107 for bifurcation (cross-motion) of quantifica- tion issues; to be heard with the Plaintiff's motion for leave to amend (DOC No. 79) filed on 07-NOV-2018

Acknowledgment of Receipt received from all parties with respect to ID 177 placed on file on 02-OCT-2018

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 02-OCT-2018 directing that "The Defendant's affidavits in response to the motion to amend and in support of cross-motion for bifurcation are to be served by November 2, 2018 The combined responding cross-motion record on behalf of the Defendant is to be served and filed by November 7, 2018. The responding affidavits of the Plaintiff are to be served by November 9, 2018. Cross-examination on affidavits is to be completed by November 16, 2018. The Plaintiff's responding record to the motion for bifurcation is to be served and filed by 12:00 p.m. on November 19, 2018. The hearings of the motions are being heard in Ottawa on November 22, 2018, beginning at 1:30 p.m. for duration of 3 hours." placed on file on 02-OCT-2018 Confirmed in writing to the party(ies)

Ottawa 02-OCT-2018 BEFORE Mireille Tabib, Prothonotary Language: E Before the Court: Case Management Conference Result of Hearing: direction to be issued held by way of Conference Call in chambers Duration per day: 02-OCT-2018 from 11:00 to 11:26 Courtroom : Judge's Chambers - Ottawa Court Registrar: Amélie Sabourin Total Duration: 26min Appearances: Matthew Burt and Jeremy Want 613-232-2486 representing Plaintiff Jay Zakaib 613-783-8806 representing Defendant Minutes of Hearing entered in Vol. 1007 page(s) 8 - 13 Abstract of Hearing placed on file

Covering letter from Plaintiff dated 28-SEP-2018 concerning Doc. Nos. 82 83 84 placed on file on 28-SEP-2018

Solicitor's certificate of service on behalf of Matthew Burt confirming service of DOC. No. 82 upon Defendant by electronically on 28-SEP-2018 filed on 28-SEP-2018

Sealed envelope pursuant to Protective Order dated 06-MAY-2014 on behalf of Plaintiff purporting to contain Exhibits related to Affidavit DOC. No. 80 Filed on 28-SEP-2018

Book of Authorities consisting of 3 volume(s) on behalf of Plaintiff received on 28-SEP-2018

Motion Record containing the following original document(s): 79 80 81 Number of copies received: 3 on behalf of Plaintiff filed on 28-SEP-2018

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 79 filed on 28-SEP-2018

Affidavit of P. Claire Gordon sworn on 28-SEP-2018 contained within a Motion Record on behalf of Plaintiff in support of Motion Doc. No. 79 with Exhibits A-E filed on 28-SEP-2018

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order pursuant to Rule 75 FCR granting the Plaintiff leave to serve and file further Amended Statement of Claim filed on 28-SEP-2018

Acknowledgment of Receipt received from all parties with respect to ID 166 placed on file on 26-SEP-2018

Oral directions received from the Court: Mireille Tabib, Prothonotary dated 26-SEP-2018 directing that "A case management telephone conference will be held at 11:00 a.m. on October 2, 2018." placed on file on 26-SEP-2018 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 25-SEP-2018 re: Correspondence from parties re: motion to amend and request for CMC

Letter from Plaintiff dated 24-SEP-2018 in response to the letter from counsel for the Defendant dated September 21 , 2018 in which they have requested a CMC to discuss the parties' impending motions. received on 24-SEP-2018

Letter from Defendant dated 21-SEP-2018 bringing to the Court's attention the fact that the Plaintiff has indicated it intends to bring a motion to amend the Claim and their concern about the delay the Plaintiff is causing with its proposed amendments as well as their intention to bring a bifurcation motion should the Plaintiff seek leave to amend received on 21-SEP-2018

****** CANCELLED ****** Copy of Responding Motion Record on behalf of Plaintiff dated 26-JUN-2018 placed on file on 26-JUN-2018 Original filed on Court File No. T-311-12

Copy of Affidavit of Service dated 26-JUN-2018 placed on file on 26-JUN-2018 Original filed on Court File No. T-311-12

Copy of Plaintiff's Responding Motion Record (in response to Defendant's appeal of Prothonotary Morneau's Order of December 20, 2017. dated 26-JUN-2018 placed on file on 26-JUN-2018 Original filed on Court File No. T-311-12

Copy of Notice of Appeal (Appeal Court File No. A-259-18 ) appealing Order of Justice Locke dated August 13, 2018 in Court File Nos.: T-546-12. filed in the Court of Appeal on 23-AUG-2018 on behalf of Appellant placed on file on 31-AUG-2018

Copie de la traduction certifiée (texte français) des motifs de la décision et décision rendu(e) le 13-AOU-2018 par Monsieur le juge Locke placée au dossier le 13-AOU-2018 document original déposé dans le dossier T-123-15

Copy of Reasons for Decision and Decision dated 13-AUG-2018 rendered by The Honourable Mr. Justice Locke placed on file. Original filed on Court File No. T-123-15

Acknowledgment of Receipt received from both parties with respect to the CONFIDENTIAL Appendices "A" and "B", forming part of the Reasons for Order and Order, rendered on August 10, 2018 (Doc.# 78), were provided to Counsel for both parties in person, at the Ottawa Registry placed on file on 10-AUG-2018

Acknowledgment of Receipt received from both parties with respect to the Court's Reasons for Order and Order, rendered on August 10, 2018, (Doc.# 78), the Reasons for Order and Order were sent to the parties by both email and fax placed on file on 10-AUG-2018

Sealed envelope pursuant to the Court's Reasons for Order and Order rendered on August 10, 2018, on behalf of the Court purporting to contain the CONFIDENTIAL Appendices "A" and "B" forming part of the Reasons for Order and Order rendered on August 10, 2018, (Doc.# 78) Received on 10-AUG-2018

Reasons for Order and Order dated 10-AUG-2018 rendered by Alexandra Steele, Prothonotary Matter considered with personal appearance The Court's decision is with regard to Motion Doc. No. 53 Result: granted in part The Court's decision is with regard to Motion Doc. No. 57 Result: Dismissed, with costs. The refusals charts form part of the present order but will be delivered to the parties separately from this order for the purpose of preserving their confidentiality (Appendices A and B). Filed on 10-AUG-2018 Interlocutory Decision Certificate of Reasons for Order and Order entered in J. & O. Book, volume 1381 page(s) 14 - 14

Acknowledgment of Receipt received from 2 counsel for the parties by fax on 13-JUL-2018 with respect to Order doc. 77 of the Chief Justice, dated 13-JUL-2018. Order doc. 77 of the Chief Justice, dated 13-JUL-2018. placed on file on 13-JUL-2018

Order dated 13-JUL-2018 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Motion ex proprio motu Result: "IT IS ORDERED pursuant to Rule 383 that Prothonotary Mireille Tabib is assigned as Case Management Judge in the place of Prothonotary Richard Morneau in this matter." Filed on 13-JUL-2018 certified copies sent to 2 counsel for the parties by fax on 13-JUL-2018 Transmittal Letters placed on file. entered in J. & O. Book, volume 1376 page(s) 500 - 500 Interlocutory Decision

Ottawa 09-JUL-2018 BEFORE The Honourable Mr. Justice Locke Language: B Before the Court: Motion Doc. No. 38 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: Charlebois, John Duration per day: 09-JUL-2018 from 09:34 to 12:06 Courtroom : Courtroom No. 702, 7th Floor - Thomas D'Arcy McGee Bldg. - Ottawa Court Registrar: Daniela Rados Total Duration: 2h32mins Appearances: Mr. Francois Guay 514-954-1500 representing Plaintiff Mr. Jay Zakaib 613-783-8806 representing Defendant Interpreters: Unknown Comments: DARS used to record the hearing Minutes of Hearing entered in Vol. 1002 page(s) 45 - 49 Abstract of Hearing placed on file

Copy of Airbus Helicopters (2017 FC 170) submitted by Defendant during hearing for Defendant's motion (Doc. 57) received on 26-JUN-2018

Book of Authorities consisting of 1 volume(s) on behalf of Plaintiff received on 26-JUN-2018

Letter from Plaintiff dated 27-JUN-2018 concerning the Responding Motion Record they submitted. received on 28-JUN-2018

Montréal 26-JUN-2018 BEFORE Alexandra Steele, Prothonotary Language: E Before the Court: Motion Doc. No. 57 on behalf of Defendant Notice of Motion on behalf of Defendant - CCM for an Order: a. provide written answers to questions refused from the examination for discovery of Mr. Kenneth Covo conducted May 24-25, 2015, as set out in Schedule "A" to this motion record, within 30 days of the issuance of this Order; and b. the re-attendance of Bauer's representative in person to answer all proper follow-up question arising from any answers ordered. 2. CCM's costs of this motion. Result of Hearing: Matter reserved Before the Court: Motion Doc. No. 53 on behalf of Plaintiff Notice of Motion on behalf of Plaintiff for an Order: 1. requiring the Defendant to: a) answer the outstanding questions from the examination for discovery of Mr. Norman. b) re-attend a further examination for discovery. 2. Bauer's costs of this motion. Result of Hearing: Matter reserved held in Court Senior Usher: Gaétan Roy Duration per day: 26-JUN-2018 from 13:04 to 15:50 Courtroom : Courtroom No. 406 - Montréal Court Registrar: Katia Kyriakopoulos Total Duration: 2h46 Appearances: Mr. Matthew Burt 613-232-2486 representing Plaintiff Mr. Justin Smith 514-392-9564 representing Defendant Comments: 1) Defendant submits additional decision: Airbus Helicopters (2017 FC 170) 2) Plaintiff submits Supplemental Brief - copy with Court. 3) Plaintiff submits hard copy of Book of Authorities. 4) DARS was used for this hearing. Minutes of Hearing entered in Vol. 1001 page(s) 108 - 123 Abstract of Hearing placed on file

Letter from Mr Justin Smith, Counsel for the Defendant ("CCM"), dated 21-JUN-2018 Writing with the consent ot the Plaintiff to inform the Court that the parties have reached an agreement with respect to CCM's motion to compel. In particular: CCM will not pursue item B1 (in Schedule "A" of CCM's written representations) during the motion to compel on the understanding that Bauer will provide a response to item B2 (...) CCM will not pursue any items in category C during the motion to compel with the understanding that Bauer has agreed to provide additional information (...) As such, the only remaining items at issue in CCM's motion to compel are those found in category A of Schedule "A" of CCM's written representations (...); received on 21-JUN-2018

Acknowledgment of Receipt received from 2 counsel for the parties in T-311-12, T-546-12 and T-123-15 by fax on with respect to 20-JUN-2018 with respect to the Oral Directions ID 143 of Locke, J. dated 20-JUN-2018. placed on file on 20-JUN-2018

Oral directions received from the Court: The Honourable Mr. Justice Locke dated 20-JUN-2018 directing that "The Court wishes to advise the parties that the motion scheduled for Monday, July 9, 2018, is scheduled to be heard by Justice George R. Locke." Faxed in a letter to counsel for Plaintiff (Ottawa and Montreal) and to counsel for Defendant (Ottawa) on 20-JUN-2018 on files T-311-12, T-546-12 and T-123-15. placed on file on 20-JUN-2018 Confirmed in writing to the party(ies)

Copy of Affidavit of Service of Book of Authorities (id. 141) on behalf of Defendant dated 13-JUN-2018 placed on file on 13-JUN-2018 Original filed on Court File No. T-123-15

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 13-JUN-2018

Affidavit of service of Barbara Gallagher sworn on 11-JUN-2018 on behalf of Defendant confirming service of Defendant's Motion dated June 11, 2018 upon Plaintiff by email on 11-JUN-2018 filed on 11-JUN-2018

Motion Record containing the following original document(s): 73 74 Number of copies received: 2 on behalf of Defendant (document 138 also contained in Motion) (9 Volumes, Vol 8 conf) filed on 11-JUN-2018 Document placed in Annexes Y2 Y3 Y4 Y5

Sealed envelope pursuant to order of the Court (document 16) dated May 6, 2018 on behalf of Defendant purporting to contain volume 8 of 9 of Defendant's Motion Record in support of document 38 Received on 11-JUN-2018

Written Representations (Volume 9 of 9) contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 38 filed on 11-JUN-2018

Affidavit of Barbara Gallagher (Volumes 3&4 of 9) sworn on 07-NOV-2017 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 38 with Exhibits a-yy filed on 11-JUN-2018

Correction to General Sitting concerning Motion Doc. No. 57 Hearing added to General Sitting at Montréal on 26-JUN-2018 at 09:30 duration: 1h Language: E Reason for correction: Letter dated 2018-06-04 - parties confirm availability to have their respective motions to compel heard

Correction to General Sitting concerning Motion Doc. No. 53 Hearing added to General Sitting at Montréal on 26-JUN-2018 at 09:30 duration: 1h Language: E Reason for correction: Letter dated 2018-06-04 - parties confirm availability to have their respective motions to compel heard

Letter from Mr Justin Smith, Counsel for the Defendants, dated 04-JUN-2018 indicating that he is writing with the consent of the Plaintiff, and that the parties hereby confirm their availability to have their respective motions to compel heard at a general sitting of the Court in Montreal on June 26, 2018. The combined duration of both motions will be less than two (2) hours; with proof of service upon Plaintiff on 05-JUN-2018 received on 05-JUN-2018

Covering letter from Mr Daniel Hnatchuk, Counsel for the Plaintiff, dated 25-MAY-2018 concerning Doc. Nos. 71 72 placed on file on 25-MAY-2018

Solicitor's certificate of service on behalf of Daniel J. Hnatchuk confirming service of the Plaintiff's Responding Motion Record (Doc.# 71) upon Counsel for the Defendants by electronic service (email with prior consent) on 25-MAY-2018 filed on 25-MAY-2018

Motion Record in response to Motion Doc. No. 57 containing the following original document(s): 69 70 Number of copies received: 3 on behalf of the Plaintiff/Defendant by Counterclaim filed on 25-MAY-2018

Schedule "A" to BAUER's Responding Written Representations, (Response to CCM's Motion to Compel Answers) completed by and on behalf of the Plaintiff/Defendant by Counterclaim filed on 25-MAY-2018

Written Representations contained within a Motion Record on behalf of the Plaintiff/Defendant by Counterclaim concerning (in response to) Motion Doc.# 57 filed on 25-MAY-2018

Affidavit of service of Barbara Gallagher sworn on 25-MAY-2018 on behalf of Defendant confirming service of Motion Records 66 and 67 upon Plaintiff by email on 25-MAY-2018 filed on 25-MAY-2018

Sealed envelope pursuant to Order No.40 on behalf of Defendant purporting to contain Confidential Responding Motion Record (public version doc. No. 66) Filed on 25-MAY-2018

Motion Record containing the following original document(s): 64 65 Number of copies received: 3 on behalf of Defendant filed on 25-MAY-2018

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 25-MAY-2018

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 53 filed on 25-MAY-2018

Affidavit of Barbara Gallagher sworn on 25-MAY-2018 contained within a Motion Record on behalf of Defendant in opposition to Motion Doc. No. 53 with Exhibits A filed on 25-MAY-2018

Letter from Defendant dated 09-APR-2018 Requesting simultaneous translation for the motion being heard on July 9, 2018 received on 09-APR-2018

Affidavit of service of Barbra Gallagher sworn on 01-MAY-2018 on behalf of Defendant confirming service of Book of Authorities of the Defendant re: CCM Motion to Compel.. upon Plaintiff by e-mail on 01-MAY-2018 filed on 01-MAY-2018

Book of Authorities (2 copies - orig/Judges in Y1, 1 copy sent to Mtl) consisting of 1 volume(s) on behalf of CCM Hockey's Motion to Compel Answers to Questions Refused by Bauer re: Exam Defendant received on 01-MAY-2018

Memorandum to file from Ann Murphy dated 01-MAY-2018 per Motion document 53, counsel advised Motion to be heard in Montreal placed on file.

Affidavit of service of Barbara Gallagher sworn on 30-APR-2018 on behalf of Defendant - CCM confirming service of docs. 60 & 61 upon Plaintiff by email on 30-APR-2018 filed on 30-APR-2018

Motion Record containing the following original document(s): 57 58 59 60 Number of copies received: 3 on behalf of Defendant - CCM filed on 30-APR-2018

Sealed envelope pursuant to Protective Order dated May 6, 2014 (VOLUME 2) on behalf of Defendant - CCM purporting to contain Schedule A of motion # 57 and Exhibit "A" to the Affidavit of Barbara Gallagher sworn April 30, 2018 Filed on 30-APR-2018

Written Representations contained within a Motion Record on behalf of Defendant - CCM concerning Motion Doc. No. 57 filed on 30-APR-2018

Affidavit of Barbara Gallagher sworn on 30-APR-2018 contained within a Motion Record on behalf of Defendant - CCM in support of Motion Doc. No. 57 with Exhibits "A" filed on 30-APR-2018

Notice of Motion contained within a Motion Record on behalf of Defendant - CCM returnable (but no hearing date indicated at this time) for an Order a. provide written answers to questions refused from the examination for discovery of Mr. Kenneth Covo conducted May 24-25, 2015, as set out in Schedule "A" to this motion recordd, within 30 days of the issuance of this Order; and b. the re-attendance of Bauer's representative in person to answer all proper follow-up question arising from any answers ordered. 2. CCM's costs of this motion filed on 30-APR-2018

Letter from Plaintiff dated 30-APR-2018 to be brought to the attention of Case Management Judge enclosing Motion Record and Authorities. Copies of Pleadings and transcripts from examination for discovery of the Defendant will be brought to the Court for the hearing of the motion. Parties will exchange responding motion records on May 25, 2018 and are available for the hearing of the refusals motions on June 21, 22, 26 and 27 The estimated duratiom for the hearing of the Plaintiff's motion is 1.5 hours. received on 30-APR-2018

Solicitor's certificate of service on behalf of Matthew Burt confirming service of document id 109 upon Defendant by electronically, on consent on 30-APR-2018 confirming service document 53 and id 109 upon Defendant by overnight courier on 30-APR-2018 filed on 30-APR-2018

Book of Authorities (3 copies) consisting of 1 volume(s) on behalf of Plaintiff received on 30-APR-2018

Motion Record containing the following original document(s): 53 54 Number of copies received: 3 on behalf of Plaintiff filed on 30-APR-2018 Document placed in Annexes E Y

Written Representations contained within a Motion Record on behalf of Plaintiff concerning Motion Doc. No. 53 filed on 30-APR-2018

Notice of Motion contained within a Motion Record on behalf of Plaintiff returnable (but no hearing date indicated at this time) for an Order 1. requiring the Defendant to: a) answer the outstanding questions from the examination for discovery of Mr. Norman. b) re-attend a further examination for disconvery. 2. Bauer's costs of this motion. filed on 30-APR-2018

Acknowledgment of Receipt received from ALL PARTIES BY RETURN CONFIRMATION SHEET with respect to ORDER DATED APRIL 20 2018 placed on file on 23-APR-2018

Order (time and place) dated 20-APR-2018 rendered by Chief Justice Crampton and signed by Judicial Administrator fixing Trial of the matter to be heard at Special Sitting in Montréal on 03-FEB-2020 to begin at 09:30 duration: 23d language: B Filed on 20-APR-2018 cc's sent to parties entered in J. & O. Book, volume 1366 page(s) 384 - 384 Transmittal letters placed on file

Communication to the Court from the Registry dated 09-APR-2018 re: to set trial dates.

Acknowledgment of Receipt received from all parties by fax confirmation sheet with respect to written direction from the Court dated March 19, 2018. placed on file on 20-MAR-2018

Written directions received from the Court: Chief Justice Crampton dated 19-MAR-2018 directing that " The Defendant's motion appealing the order of Prothonotary Richard Morneau dated December 20, 2017, may be made returnable before this Court at the Thomas D'Arcy McGee Building, 90 Sparks Street, in the city of Ottawa, Ontario, on Monday, the 9 day of July, 2018, at 9:30 in the forenoon for a duration of three (3) hours* to be heard in French and English. The Defendant's motion record will be served and filed no later than Monday, June 11, 2018. The Plaintiff's responding motion record will be served and filed no later than Monday, June 25, 2018. Simultaneous translation will be required for this hearing. " filed on 19-MAR-2018 Confirmed in writing to the party(ies)

Affidavit of service of Barbara Gallagher sworn on 09-MAR-2018 on behalf of Defendant confirming service of doc. #49 upon Plaintiff by email on 09-MAR-2018 filed on 09-MAR-2018

Amended Reply and Defence to Counterclaim on behalf of Defendant Filed on 09-MAR-2018

Affidavit of service of Barbara Gallagher sworn on 09-FEB-2018 on behalf of Defendant confirming service of the Amended Statement of Defence and Counterclaim (filed on February 9, 2018) upon Plaintiff by e-mail on 09-FEB-2018 filed on 09-FEB-2018

Covering letter from Plaintiff dated 23-FEB-2018 concerning Doc. Nos. 46 47 placed on file on 23-FEB-2018

Solicitor's certificate of service on behalf of Matthew Burt confirming service of doc #46 upon Defendant by e-mail on 23-FEB-2018 filed on 23-FEB-2018

Amended Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 23-FEB-2018

Amended Defence and Counterclaim filed on 09-FEB-2018

Note au greffe de Montréal de la Cour: Me Richard Morneau, protonotaire en date du 21-FEV-2018 demandant de faire parvenir à l'administratrice judiciaire la lettre de la partie demanderesse en date du 14 février 2018 afin que des dates de procès soient émises dans le présent dossier placée au dossier.

Written directions received from the Court: Richard Morneau, Esq., Prothonotary dated 21-FEB-2018 directing that the requests made by the Defendant in their letter dated February 15, 2018 are granted placed on file on 21-FEB-2018 Confirmed in writing to the party(ies)

Communication to the Court from the Registry dated 20-FEB-2018 re: Parties' request for the assignment of a trial date and joint trial chart;

Letter from Plaintiff dated 14-FEB-2018 Pursuant to the Scheduling Order of January 22, 2018.Draft Joint trial chart for trial on January 2020 jointed with proof of service upon Respondent on 14-FEB-2018 filed on 14-FEB-2018

Letter from Defendant dated 15-FEB-2018 requesting leave to amend the style of cause received on 15-FEB-2018

Affidavit of service of Barbara Gallagher sworn on 09-FEB-2018 on behalf of Defendant (Plaintiff by Counterclaim) confirming service of the amended Statement of Defence and Counterclaim dated February 9, 2018 upon the Plaintiff (Defendant by Counterclaim) by e-mail on 09-FEB-2018 filed on 15-FEB-2018

Letter from Defendant dated 15-FEB-2018 to propose dates to hear motion ID#38. (with consent of the Plaintiff) received on 15-FEB-2018

Covering letter from Mr Jean-Sébastien Dupont, Counsel for the Plaintiff, dated 19-JAN-2018 concerning Doc. Nos. 41 42 with proof of service upon the Defendant/Plaintiff by Counterclaim on 19-JAN-2018 placed on file on 19-JAN-2018

Affidavit of service of Van Khai Luong sworn on 19-JAN-2018 on behalf of the Plaintiff/Defendant by Counterclaim confirming service of a copy of a letter addressed to the Court and a FOURTH Amended Statement of Claim, dated January 19, 2018; upon the Defendant/Plaintiff by Counterclaim by by electronic service (email with prior consent) on 19-JAN-2018 filed on 19-JAN-2018

Amended FOURTH AMENDED Statement of Claim filed on 19-JAN-2018

Acknowledgment of Receipt received from both parties with respect to the Court's Scheduling Order rendered on January 22, 2018 (Doc.# 40) placed on file on 22-JAN-2018

Order dated 22-JAN-2018 rendered by Richard Morneau, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from the parties and the draft scheduling order submitted on January 15 and dated 16-JAN-2018 Result: " (...) IT IS HEREBY ORDERED THAT pursuant to rule 385(1)(b) of the Federal Courts Rules the parties shall now abide by the following schedule: 1. The Plaintiff shall serve and file its fourth amended statement of claim (...) January 26, 2018 2. The Defendant shall amend its statement of defence and counterclaim (...) February 9, 2018 3. The parties shall submit a concise joint letter the attention of the case management judge to request an early assignment of trial dates. (...) February 16, 2018 4. The Plaintiff shall amend its reply and defence to counterclaim (...) February 23, 2018 (...) 6. The Defendant shall amend its reply to the Plaintiff's defence to counterclaim as amended. March 9, 2018 (...) 8. The parties shall serve and file full motion record(s) on their refusals motions, if required. (...) April 30, 2018 (...) 11. The parties shall serve and file full motion record(s) on their refusals motions, if required. (...) November 16, 2018 (...) 12. The Plaintiff shall serve and file its expert report(s) in chief (claim construction, infringement, monetary remedies). The Defendant shall serve and file its expert report(s) in chief (claim construction, invalidity). (The parties being dispensed of filing a requisition for pre-trial conference and pre-trial conference memoranda.) February 22, 2019 13. The Plaintiff shall serve and file its expert report(s) in response (invalidity). The Defendant shall serve and file its expert report(s) in response (infringement, monetary remedies). July 12, 2019 14. The Plaintiff shall serve and file its expert report(s) in reply (infringement, monetary remedies), as the case may be. The Defendant shall serve and file its expert report(s) in reply (validity), as the case may be. September 13, 2019 15. The Defendant shall serve and file its expert report in reply on any new issues arising from Plaintiff's reply report on monetary remedies. October 11, 2019 (...) 17. The parties shall file (a) a joint trial record, and (b) a joint statement of issues for trial. At least sixty (60) days prior to commencement of the trial 18. The parties shall file (a) an agreed statement of facts, (b) a joint book of documents (...) At least forty (40) days prior to the commencement of the trial (...) 22. The parties shall file (a) a final joint trial chart, and (b) a draft order to renew the protective and confidentiality order dated May 6, 2014 for the trial. At least five (5) days prior to the commencement of the trial" Filed on 22-JAN-2018 entered in J. & O. Book, volume 1357 page(s) 406 - 410 Interlocutory Decision

Communication to the Court from the Registry dated 18-JAN-2018 re: Plaintiff's letter/request dated January 15, 2018, for the Court to consider the proposed draft Scheduling order submitted on consent (except for one (1) element thereof);

Letter from Defendant dated 16-JAN-2018 in response to the letter from Bauer, stating that the request of trial dates is too early in this file. received on 16-JAN-2018

Covering letter from Defendant dated 16-JAN-2018 concerning Doc. Nos. 38 39 placed on file on 16-JAN-2018

Affidavit of service of Barbara Gallagher sworn on 16-JAN-2018 on behalf of Defendant confirming service of doc. no. 38 upon Plaintiff by email on 16-JAN-2018 filed on 16-JAN-2018

Notice of Motion on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order pursuant to Rule 51 setting aside the order of Prothonotary Morneau transmitted December 20, 2017 filed on 16-JAN-2018

Draft Scheduling order relating to the letter from the Plaintiff dated January 15, 2018 approved as to form and content by all parties with proof of service upon all parties on 15-JAN-2018 received on 15-JAN-2018

Letter from Plaintiff dated 15-JAN-2018 stating that "[...] Pursuant to Order of December 20, 2017, the parties, [...]have agreed on the form of a Scheduling Order for the completion of the next steps in this matter up to trial(a draft Scheduling Order is enclosed herewith, except for one element therof. In particular, the Defendant has taken the position that it is premature for the parties to be requesting trial dates at this stage [...].Counsel for the Defendant has suggested that this outstanding issue be discussed at a Case Management Conference [...]." received on 15-JAN-2018

Copie des motifs de l'ordonnance et ordonnance en date du 20-DEC-2017 rendu(e)(s) par Richard Morneau, protonotaire placée au dossier. document original déposé dans le dossier T-123-15

Montréal 13-DEC-2017 BEFORE Richard Morneau, Esq., Prothonotary Language: B Before the Court: Motion Doc. No. 24 on behalf of Defendant Result of Hearing: Matter reserved held in Court Senior Usher: Louisa Rossi Duration per day: 13-DEC-2017 from 09:50 to 11:56 Courtroom : Courtroom 336 - Montréal Court Registrar: Ileana Carmona-Pena Total Duration: 2h 6min Appearances: Me François Guay et Me Jean-Sébastien Dupont (514) 954-1500 representing Plaintiff Mr. Jay Zakaib and Mr. Alex Gloor (613) 233-1781 representing Defendant Comments: DARS was used during this hearing (laptop #Z005154). Heard with files T-123-15 and T-311-12, Minutes in T-123-15. Minutes of Hearing entered in Vol. 988 page(s) 58 - 58 Abstract of Hearing placed on file

Covering letter from Plaintiff dated 16-NOV-2017 concerning 2 copies of the response to The Defendant's motion to dismiss in 5 volumes placed on file on 16-NOV-2017

Affidavit of service of Van Khai Luong sworn on 16-NOV-2017 on behalf of Plaintiff confirming service of P's responding motion record upon Defendant by Electronic service on 16-NOV-2017 filed on 16-NOV-2017

Motion Record in response to Motion Doc. No. 24 Number of copies received: 2 on behalf of Plaintiff filed on 16-NOV-2017

Sealed envelope pursuant to ID #44 in file T-311-12 on behalf of Plaintiff Filed on 16-NOV-2017

Written Representations on behalf of Plaintiff concerning Motion Doc. No. 24 filed on 16-NOV-2017

Affidavit of Julie Morin sworn on 15-NOV-2017 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 24 with Exhibits JM-1 to JM-7, JM-9 to JM-25 et JM-27 to JM-44 filed on 16-NOV-2017

Affidavit of Michelle Hanson sworn on 15-NOV-2017 contained within a Motion Record on behalf of Plaintiff in opposition to Motion Doc. No. 24 with Exhibits MH-1, MH-3 to MH-7 filed on 16-NOV-2017

Notice Notice pursuant to rule 117 (1) on behalf of Plaintiff filed on 16-NOV-2017

Copy of Order dated 23-NOV-2017 rendered by Richard Morneau, Esq., Prothonotary placed on file. Original filed on Court File No. T-123-15

Letter from Defendant dated 21-NOV-2017 "(...) we write with Bauer's consent to request that the deadline for cross-examinations to be completed be extended to 6-DEC-2017, with the deadline for filing cross-examination transcripts to be extended to 8-DEC-2017." received on 21-NOV-2017

Consent on behalf of all parties to electronic service of al ldocuments in this action that are not required to be served personally, provided that a follow up hard copy of any voluminous documents,such as motion records, books of authorities, affidavits with exhibits, ect,m is served within the following two(2) days filed on 13-NOV-2017

Affidavit of service of Barbara Gallagher sworn on 07-NOV-2017 on behalf of Defendant confirming service of Defendant's Motion Record and Authorities upon Plaintiff by e-mail on consent and by overnight courier on 07-NOV-2017 filed on 07-NOV-2017

Consent on behalf of Plaintiff Defendant to service of Motion Record by e-mail, with hard copy to follow by courier filed on 07-NOV-2017

Book of Authorities consisting of 1 volume(s) on behalf of Defendant received on 07-NOV-2017

Motion Record containing the following original document(s): 24 25 26 Number of copies received: 2 on behalf of Defendant filed on 07-NOV-2017 Document placed in Annexes B C D

Written Representations contained within a Motion Record on behalf of Defendant concerning Motion Doc. No. 24 filed on 07-NOV-2017

Affidavit of Barbara Gallagher sworn on 07-NOV-2017 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 24 with Exhibits A-YY filed on 07-NOV-2017

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. dismissing the Plaintiff's actions; 2. In the alternative an order per item 2; 3. Costs. filed on 07-NOV-2017

Copy of Direction dated 06-NOV-2017 rendered by Richard Morneau, Esq., Prothonotary concerning date of hearing of Motion, doc.#22, placed on file. Original filed on Court File No. T-123-15

Communication to the Court from the Registry dated 03-NOV-2017 re: Joint request for a special motion hearing date;

Letter from Defendant dated 02-NOV-2017 Further to the Court's Order dated October 23, 2017, the defendant's availabilities for the hearing of motion. Counsel for Sport Maska will require translation services from French to English. received on 02-NOV-2017

Copy of Letter from Mr Jean-Sébastien Dupont, Counsel for the Plaintiff, dated November 1, 2017; placed on file on 01-NOV-2017 Original placed on Court File No. T-123-15

Copy of Direction dated 23-OCT-2017 rendered by Richard Morneau, Esq., Prothonotary concerning request for special sitting placed on file. Original filed on Court File No. T-123-15

Communication to the Court from the Registry dated 23-OCT-2017 re: request for special sitting (Id.47-48)

Letter from Plaintiff dated 13-OCT-2017 informing the Court that "the earliest availability of the undersigned to attend a hering of the Defendant's motions in the above-captioned matters is November 27, 28 or 29, 2017." with proof of service upon Defendant on 13-OCT-2017 received on 13-OCT-2017

Letter from Defendant dated 18-OCT-2017 Further to the Plaintiff's letter of October 13, 2017, regarding the Defendant's motions to dismiss files T-123-15, T-546-12 and T-311-12, and their response to the Defendant's request to have the files heard together and to provide two copies of the records and authorities for each file. Both parties are available on November 28 and 29, 2017 in Ottawa or Montreal and the estimated duration is 3hrs before Me Morneau, CMJ in these matters, but should the Court have a Justice decide the matters, a half-day may be required. Parties may wish to argue in French. The Defendant's suggest that the moving record be served and filed on November 7, 2017, and the Plaintiff's responding motion record to be served and filed on November 16, 2017. Should cross-examinations be required, they should be conducted prior to November 22, 2017 and filed by November 24, 2017. received on 18-OCT-2017

Affidavit of service of Noel Solomon sworn on 04-OCT-2017 on behalf of Defendant confirming service of Motion to Dismiss (DOC. No. 22) upon Plaintiff by telecopier on 04-OCT-2017 filed on 04-OCT-2017

Notice of Motion on behalf of Defendant returnable (but no hearing date indicated at this time) for an Order pursuant to Rule 117(1) and 118 dismissing the Plaintiff's action filed on 04-OCT-2017

Note au dossier de Gisèle Tétreault, greffe de Montréal, en date du 25-MAI-2017 À la demande de la Cour, le prochain suivi au dossier se fera dans 6 mois. placée au dossier.

Communication to the Court from the Registry dated 23-MAY-2017 re: File status

Letter from Plaintiff dated 06-FEB-2017 informing the Court of new developments in the file and proposing to provide a draft scheduling order in early March 2017. with proof of service upon Respondent on 06-FEB-2017 received on 06-FEB-2017

Note au dossier de Gisèle Tétreault, greffe de Montréal, en date du 11-JAN-2017 Nous avons communiqué avec le bureau de Me Guay ce jour (et avons parlé à son adjointe) pour s'enquérir d'une mise à jour du dossier. placée au dossier.

Acknowledgment of Receipt received from all parties with respect to the Order rendered on December 18, 2015, placed on file on 18-DEC-2015

Order dated 18-DEC-2015 rendered by Richard Morneau, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from the Plaintiff (enclosing a joint draft scheduling order), dated 03-DEC-2015 Result: "IT IS ORDERED that the subsequent steps necessary to advance the present proceedings shall be conducted within the following delays: 1. Further examination of Mr. Chenevert by February 10, 2016. 2. Furnishing of all answers to undertakings pursuant to examinations for discovery by March 15, 2016. 3. All motions (if necessary) resulting from examinations for discovery shall be served and filed by April 15, 2016. 4. Second round of examinations for discovery, if applicable, to be completed by June 30, 2016. 5. Filing by the plaintiff of a joint schedule for the next steps by July 15, 2016." Filed on 18-DEC-2015 entered in J. & O. Book, volume 1288 page(s) 147 - 148 Interlocutory Decision

Communication to the Court from the Registry dated 15-DEC-2015 re: Joint draft scheduling order submitted (ID#37 & #38);

Draft Order concerning draft scheduling order enclosed in Plaintiff's letter dated 03-DEC-2015; with proof of service upon Defendant on 03-DEC-2015 filed on 03-DEC-2015

Letter from Ms. Ekaterina Tsimberis, Counsel for the Plaintiff, dated 03-DEC-2015 Writing further to the previous scheduling order dated December 23, 2014, informing the Court that the parties have agreed on a new draft Scheduling Order, which the parties jointly submit to the Court for consideration. A copy of the draft Order is enclosed and is also available in Word format (uploaded to the Federal Court's website)(...); with proof of service upon Defendant on 03-DEC-2015 received on 03-DEC-2015

Acknowledgment of Receipt received from all parties with respect to Order rendered on 23-DEC-2015, (Doc.# 19), placed on file on 23-DEC-2014

Order dated 23-DEC-2014 rendered by Richard Morneau, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from the Court Registry dated 07-OCT-2014 Result: "(...)It is ordered that the subsequent steps necessary to advance the present proceedings will be conducted within the following delays: The defendant to serve and file its affidavit of document on the plaintiff by: January 30, 2015 Examinations for discovery conducted by: June 30, 2015 Furnishing of all answers and undertakings pursuant to examinations for discovery by: September 8, 2015 All motions (if necessary) resulting from examinations for discovery to be served and filed by: November 3, 2015 Filing by the Plaintiff of a joint schedule for the next steps December 3, 2015;" Filed on 23-DEC-2014 entered in J. & O. Book, volume 1253 page(s) 206 - 207 Interlocutory Decision

Communication to the Court from the Registry dated 17-DEC-2014 re: Plaintiff's letter dated 10-DEC-2014 with draft order

Draft Order concerning proposed schedule received on 10-DEC-2014

Letter from Plaintiff dated 10-DEC-2014 enclosing a joint draft scheduling order with proof of service upon Defendant on 10-DEC-2014 received on 10-DEC-2014

Letter from Me Ekaterina Tsimberis,Solicitor for the Plaintiff/Defendant by Counterclaim dated 22-OCT-2014 RE: Further to the letter from the Registry dated 07-OCT-2014; with proof of service upon Defendant/Plaintiff by Counterclaim on 22-OCT-2014 received on 22-OCT-2014

Letter sent by Registry on 07-OCT-2014 to Plaintiff and Defendant requesting that the parties advise the Court of the staus of the file; Copy placed on file.

Acknowledgment of Receipt received from 2 counsel for the parties by fax on 23-MAY-2014 with respect to Order doc. # 18 of the Chief Justice, dated and filed 23-MAY-2014, assigning Case Management Judge in this matter. placed on file on 23-MAY-2014

Order dated 23-MAY-2014 rendered by Chief Justice Crampton Matter considered without personal appearance The Court's decision is with regard to Order dated 06-MAY-2014 Result: "IT IS ORDERED pursuant to Rule 383 that Prothonotary Richard Morneau is assigned as Case Management Judge in this matter." Filed on 23-MAY-2014 certified copies sent to 2 counsel for the parties by fax on 23-MAY-2014 Transmittal Letters placed on file. entered in J. & O. Book, volume 1231 page(s) 172 - 172 Interlocutory Decision

Acknowledgment of receipt (fax transmission) received from parties with respect to (docs.#16 & #17) placed on file on 06-MAY-2014

Order dated 06-MAY-2014 rendered by Richard Morneau, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 23-APR-2014 Result: Further to the joint letter of April 23, 2014 from the parties, this action shall continue as a specially-managed proceeding and it is jointly recommended that the undersigned be designated as the case management judge in the instant matter. Filed on 06-MAY-2014 copies sent to parties entered in J. & O. Book, volume 1229 page(s) 139 - 139 Interlocutory Decision

Protective and confidentiality Order dated 06-MAY-2014 rendered by Richard Morneau, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Letter from Plaintiff dated 23-APR-2014 Result: granted Filed on 06-MAY-2014 copies sent to parties entered in J. & O. Book, volume 1229 page(s) 113 - 138 Interlocutory Decision

Communication to the Court from the Registry dated 06-MAY-2014 re: letter dated 23-APR-2014

Draft Order concerning Protective and Confidentiality order received on 24-APR-2014

Letter from Plaintiff dated 23-APR-2014 "Pursuant to Rule 383 and 384 of the FCR, the parties hereby request that the Court issue an Order for this action to continue as a specially-managed proceeding and that the Chief Justice assign Prothonotary Richard Morneau as the Case Management Judge. (...) In addition, the parties have agreed to the form and content of a draft Protective Order, pursuant to Rule 151 of FCR. (...)" with proof of service upon Defendant on 24-APR-2014 received on 24-APR-2014

Covering letter from Defendant dated 02-AUG-2013 concerning Doc. Nos. 14 15 placed on file on 02-AUG-2013

Solicitor's certificate of service on behalf of Hélène D'Iorio confirming service of D's Reply to Defence to Counterclaim upon Plaintiff by personal service on 02-AUG-2013 filed on 02-AUG-2013

Reply to Defence to Counterclaim on behalf of Defendant Filed on 02-AUG-2013

Affidavit of service of Ms. Andrea Plouffe sworn on 25-JUL-2013 on behalf of Plaintiff confirming service of the Reply and Defence to Counterclaim (doc. #12) upon Defendant by telecopier on 25-JUL-2013 filed on 25-JUL-2013

Reply and Defence to Counterclaim on behalf of Plaintiff Filed on 25-JUL-2013

Solicitor's certificate of service on behalf of Hélène D'Iorio confirming service of doc. # 10 upon Plaintiff by personal service on 25-JUN-2013 filed on 25-JUN-2013

Defence and Counterclaim filed on 25-JUN-2013

Proof of receipt received from the parties with respect to Order doc. #9 placed on file on 17-JUN-2013

Order dated 17-JUN-2013 rendered by Richard Morneau, Esq., Prothonotary Matter considered without personal appearance The Court's decision is with regard to Motion in writing Doc. No. 3 Result: granted "THIS COURT ORDERS that: 1. If not already donce, the defendant shall serve and file its statement of defence and counterclaim on or before June 25, 2013; and 2. Subsequent steps shall be taken in accordance with the rules." Filed on 17-JUN-2013 copies sent to parties entered in J. & O. Book, volume 1196 page(s) 270 - 271 Interlocutory Decision

Communication to the Court from the Registry dated 10-JUN-2013 re: notice of motion doc. #6; for consideration.

Covering letter from Defendant dated 31-MAY-2013 concerning Doc. Nos. 2 3 4 5 6 7 placed on file on 31-MAY-2013

Solicitor's certificate of service on behalf of Hélène D'Iorio confirming service of Defendant's Motion Record (docs.#3,4,5,6,7) upon Plaintiff by by hand on 31-MAY-2013 filed on 31-MAY-2013

Motion Record containing the following original document(s): 3 4 5 6 Number of copies received: 2 on behalf of Defendant filed on 31-MAY-2013

Draft Order concerning Motion Doc. No. 3 received on 31-MAY-2013

Consent on behalf of all parties to notice of motion doc. #3 filed on 31-MAY-2013

Written Representations contained within a Motion Record on behalf of Applicant concerning Motion in writing Doc. No. 3 filed on 31-MAY-2013

Affidavit of Carolina Buscio sworn on 29-MAY-2013 contained within a Motion Record on behalf of Defendant in support of Motion Doc. No. 3 with Exhibits "A" to "E" filed on 31-MAY-2013

Notice of Motion contained within a Motion Record on behalf of Defendant in writing to be dealt with in the Montréal local office for an extension of time to file (and serve) its Statement of Defence and Counterclaim filed on 31-MAY-2013

Service copy of Statement of Claim with proof of service upon Defendant on 12-FEB-2013 filed on 13-FEB-2013

Statement of Claim filed on 21-DEC-2012 Tariff other action - $150.00