Aragon Pharmaceuticals, Inc. v. Sandoz Canada Inc., 2026 CanLII 72621 (Apalutamide*)
Associate Justice Horne - 2026-07-20
Read full decision. Summary prepared by Alan Macek:
"The defendant, plaintiff by counterclaim [Sandoz], has brought a second motion for an order directing the Administrator to issue letters rogatory, also known as letters of request. … Almost immediately after the decision on the first motion [see 2026 CanLII 54839], Sandoz brought this second motion for letters rogatory. The motion is granted in part. There has been a material change in circumstances with respect to the witness in the United States, who is no longer responding to Sandoz’ communications. The motion as it relates to a potential witness in England is dismissed. The motion in this respect is an abuse of process by re-litigation; it seeks to obtain evidence from an employee of the same Swiss company on the same issue that was the subject of the first motion. There is no order as to costs. While I would ordinarily be inclined to award costs to the plaintiffs, allegations were made, without a proper foundation, that the defendant misled the Court. This disentitles the plaintiffs to costs."
Decision relates to:
- T-9-25 - ARAGON PHARMA'LS INC. AND JANSSEN INC. v SANDOZ CANADA INC.