Seedlings Life Science Ventures, LLC v. Pfizer Canada Inc, 2018 FC 956
Justice Ahmed - 2018-09-27
Read full decision. Summary prepared by Alan Macek:
This is an appeal of a Prothonotary’s order dated April 3, 2018 that dismissed a motion for a protective order (see 2018 FC 443). ... In analyzing the Draft Protective Order, the Prothonotary found that the Defendant had not met its burden to demonstrate the need for the order, and expressed her view that the order would not offer any great advantage above the protections offered by the implied undertaking rule. ... This appeal is allowed. The Prothonotary erred in law by failing to apply the correct legal test, and I have substituted her opinion with my own after applying the Supreme Court of Canada’s binding jurisprudence in Sierra Club. Accordingly, I shall order that the Draft Protective Order be issued. (Thanks to Will Boyer for a copy of the decision)
Decision relates to:
- T-608-17 - SEEDLINGS LIFE SCIENCE VENTURES,LLC V. PFIZER CANADA INC.