Hospira Healthcare Corporation v. Kennedy Institute of Rheamatology, 2018 FC 992 (Infliximab*)
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This decision relates to a motion brought by the Plaintiffs by Counterclaim for leave pursuant to Rules 233 and 238 of the Federal Courts Rules, SOR/98-106 for the production of documents from a non-party and leave to examine a non-party for discovery. As explained in greater detail below, the motion for production of documents is dismissed, because the Plaintiffs by Counterclaim have not satisfied me that the Court should exercise its discretion to order production by a non-party. There is presently no necessity for such an order, because of the availability of the evidence through production by the Defendants by Counterclaim. Further, the work associated with addressing privacy concerns associated with the evidence should be imposed upon the parties, not upon the non-party. The motion for leave to examine a non-party for discovery is granted in part, based on the non-party’s consent to such examination.
Decision relates to:
- T-396-13 - HOSPIRA HEALTHCARE CORPORATION v. TEH KENNEDY INSTITUTE OF RHEUMATOLOGY