EVIDENCE
Motion to permit defendant to adduce evidence of more than 10 expert witnesses—Earlier Direction limiting defendant’s expert witnesses to 10 based on own estimates—Given state of case law, Canada Evidence Act, R.S.C., 1985, c. C‑5, s. 7 limiting each party to five expert witnesses in proceeding as a whole, subject to discretion of Court to increase number—Number of “issues” not relevant—Appropriate consideration whether taken as a whole, case which party has to present or to meet requiring more than five experts—Apotex showing more than prima facie case that requires up to five more experts than original 10 allowed.
Eli Lilly and Co. v. Apotex Inc. (T‑1321‑97, 2007 FC 1041, Hughes J., order dated 10/10/07, 15 pp.)
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