PRACTICE
Affidavits
Motion by respondent Pharmascience pursuant to Federal Courts Rules, r. 312 for leave to file affidavit of expert Dr. Rhodes adopting affidavit of expert Dr. Schwartz who was unavailable for cross‑examination due to serious illness— Approach to determine whether expert should be disqualified —Dr. Rhodes in conflict of interest because received confidential solicitor‑client information from applicants in context of United States litigation—Motion dismissed—Leave granted to seek further leave to file affidavit adopting that of Dr. Schwartz—Federal Courts Rules, SOR/98‑106, rr. 1 (as am. by SOR/2004‑283, s. 2), 312.
Abbott Laboratories v. Canada (Minister of Health) (T‑2267‑04, 2006 FC 76, Milczynski P., order dated 25/1/06, 11 pp.)