Pfizer Canada Inc. v. Novopharm Ltd.
T-1501-96
Cullen J.
24/10/96
9 pp.
Motion for preliminary order for confidentiality order-Applicants seeking to have included in draft confidentiality order new clause to permit disclosure of confidential information to any employee of any party to action-Applicants' alternative position to permit such disclosure to five of its employees, including Dr. Crawford-Respondents wishing to have disclosure completely restricted from such employees-Motion originating in patent action between parties concerning drug known as fluconazole-Order preventing counsel from showing relevant evidence to client to get instructions, while not unknown, should only be granted in very unusual circumstances-Onus on party requesting more restrictive order to establish need for such restriction on ordinary disclosure of materials which may be relevant to issues in case-Whether respondents have discharged onus of establishing circumstances unusual enough to warrant more restrictive order-No question as to trustworthiness of Dr. Crawford regarding matters subject to confidentiality orders-Respondents' commercial business, scientific interests not seriously harmed if Dr. Crawford has access, in usual way, to information subject to confidentiality order-Access essential to applicants' preparation of case-No parallel litigation involving more restrictive confidentiality order-Facts not unusual enough to warrant more restrictive confidentiality order-Onus on respondents to prove more restrictive confidentiality order warranted in such cases heavy one-Request to deny applicants' in-house expert access to confidential information at centre of case self-serving-Order for confidentiality order in keeping with draft order attached as Schedule "A" to notice of motion, save and except for clause 3(c) to be deleted and the following substituted: (c) Dr. Crawford and two assistants chosen by him.