Upjohn Co. v. Apotex Inc.
T-1357-92
Gibson J.
13/12/93
15 pp.
Application by defendant to set aside Associate Senior Prothonotary's order dismissing application for order under R. 480 extent of infringement, damages and profits be determined after trial, by reference -- No transcript of reasons for order -- R. 480 providing no guidance as to basis on which discretion conferred thereby should be exercised -- In intellectual property matters, orders often made under R. 480 on consent -- No consent herein -- Standard of review on appeals from prothonotaries whether prothonotary's order clearly wrong or raises questions vital to final issue of case -- In absence of consent or compelling reasons bearing on conduct of action as a whole, conventional procedures should be maintained -- Compelling reasons bearing on conduct of action as a whole including reasons directed to minimization of expense of action -- Principles set out by Henry J. in L.C.D.H. Audio Visual Ltd. v. I.S.T.S. Verbatim Ltd. et al. (1986), 54 O.R. (2d) 425 (H.C.) applied -- Applicant failing to demonstrate compelling reasons bearing on conduct of action as a whole as to why order under R. 480 should be granted -- Evidence equivocal on issue of minimization of expense -- Application dismissed -- Federal Court Rules, C.R.C., c. 663, R. 480.