Aragon Pharmaceuticals Inc. Et Al. v. Sandoz Canada Inc., 2026 CanLII 54839 (Apalutamide*)
Associate Justice Horne - 2026-06-08
Read full decision. Summary prepared by Alan Macek:
The defendant, plaintiff by counterclaim [Sandoz], has brought a motion for an order directing the Administrator to issue letters rogatory, also known as letters of request, addressed to judicial authorities in the United States and Switzerland. The motion is dismissed. The potential witness in the United States has agreed to give evidence at trial; Sandoz has not demonstrated that there are good grounds to believe that this witness will not attend. As for the potential witnesses located in Switzerland, the orderly progression of the trial could be compromised by the lengthy delay in bringing this motion, which is prejudicial. In any event, there is no evidence that Sandoz asked the witness to voluntarily attend, which must be done before moving for letters rogatory. … The fact that the parties chose a range of dates for motions for commission evidence that could be, and were likely to be, practically unworkable does not relieve Sandoz of its burden to bring its motion in a timely way, and demonstrate an absence of prejudice.
Decision relates to:
- T-9-25 - ARAGON PHARMA'LS INC. AND JANSSEN INC. v SANDOZ CANADA INC.