Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research, 2020 FCA 177 (Infliximab*)
Justice Stratas; Justice Webb; Justice Rennie - 2020-10-22
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These reasons address two appeals from orders of the Federal Court (2019 FC 843 and 2019 FC 1254, per Phelan J.) dismissing the appellants’ appeals from orders of Prothonotary Milczynski. The Prothonotary dismissed the appellants’ motion to compel the respondents to answer questions or produce documents on discovery. ... It is sufficient to say that the Prothonotary refused to order certain questions to be answered on the basis that they were not relevant, others were refused on the basis that the information was otherwise available, one on the basis that the point had previously argued and another on the basis that the question was vague. In respect of some questions, the Prothonotary found that compelling the answer could not be justified when considered in light of the various considerations pertinent to the proportionality principle. The Federal Court dismissed the appeals. It concluded that no palpable and overriding error had been established in the exercise of the Prothonotary’s discretion and that no extricable error of law had been identified. We find no reviewable error and reach the same conclusion here.
Decision relates to:
- A-252-19 - HOSPIRA HEALTHCARE CORPORATION v. THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARC
- A-395-19 - HOSPIRA HEALTHCARE CORP. v. THE KENNEDY TRUST FOR RHEUMATOLOGY RESEARCH which is an appeal from a decision dated 2019-10-03 in T-396-13