Intellectual Property Weekly Abstracts Alert - Week Of August 29, 2011

Edited by Chantal Saunders and Beverley Moore

ACTIONS

Amendments Relating to Prior US and Canadian Proceedings Allowed in Statement of Claim

Astrazeneca Canada Inc. v. Apotex Inc.
Drug: omeprazole

This is an appeal from an Order of a Prothonotary, allowing the Plaintiffs' motion to amend its Second Amended Statement of Claim. Specifically, the Prothonotary allowed pleas to be added with respect to a prior United States proceeding and an additional plea regarding a prior Canadian decision. The Court reviewed the decision of the Prothonotary and commented on the deference to be shown to a Case Management Prothonotary. The Court found that the Prothonotary's decision should not be interfered with unless it was clearly wrong, as the question in the motion was not vital to the final issue of the case. The Court concluded that the decision was not clearly wrong. In any event, even if considering the issue de novo, the Court would have allowed the