Hospira Healthcare Corporation v. Kennedy Institute of Rheumatology, 2015 FC 1292 (Infliximab*)

Justice Kane - 2015-11-18

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This is an appeal from the Order of Prothonotary Martha Milczynski, made on January 15, 2015, arising from the motion by Hospira Healthcare Corporation and Celltrion Healthcare Co. Ltd. and Celltrion Inc. to compel the respondents, the Kennedy Institute of Rheumatology and the Kennedy Trust for Rheumatology Research, to answer questions refused at the examination for discovery of Kennedy’s representative. The Court notes that the examination for discovery which gave rise to the refusals and the subsequent motion lasted two days (with two additional days subsequently ordered). The hearing of the motion by the prothonotary was also four days. The hearing of this appeal was one day. The Court’s review of the record, including the pleadings, the examination for discovery and the transcript of the motion hearing, has required many additional days. Despite the Court’s comprehensive review of the record, the Court does not have the same grasp of all the issues at stake, the history of the proceedings and the context which the prothonotary has acquired over the two years she has case managed this litigation. However, the Court has a sufficient grasp of the issues on this appeal to reach a determination. Even if a de novo review were warranted, which it is not, it would require a great deal more time than a one day hearing and the additional days of review to do so. These observations highlight the importance of proportionality as a consideration in the management of complex litigation.

Decision relates to:



Canadian Intellectual Property