Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2019 FC 1402 (Infliximab*)
Justice Phelan - 2019-11-08
Read full decision. Automatically generated summary:
As part of the Quantification Phase of this action, Pfizer/Celltrion seek leave for a 6th expert witness’ evidence; one more than is permitted by s 7 of the Canada Evidence Act. In particular, Pfizer/Celltrion says it requires a second witness to respond to the single “market access” expert of Janssen/Kennedy. ... Ultimately, despite some of the deficiencies of Pfizer/Celltrion’s evidence, it has established that a 6th expert is necessary. The purpose of s 7 of the Canada Evidence Act to limit both the number of experts and the subject matter of the expertise is not seriously offended in this instance. To be consistent with the principles earlier outlined, the motion will be granted subject to the following conditions: 1) Pfizer/Celltrion’s two market access expert reports will not cumulatively exceed the number of pages of Janssen/Kennedy’s single report. 2) Janssen/Kennedy has leave in filing its reply expert report to rely on its current expert and/or on a new expert to address the extra expert’s report of Pfizer/Celltrion.
Decision relates to:
- T-396-13 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY INSTITUTE OF RHEUMATOLOGY