TRADE-MARKS
Practice
Evidence—Motion for order requiring applicants to comply with Canada Evidence Act, R.S.C., 1985, c. C-5, s. 7, permitting each side to call not more than five expert witnesses without leave in any trial or other proceeding—In application for prohibition order, applicants filing affidavit evidence from 13 expert witnesses—Previous decisions holding s. 7 limit applicable to issues, rather than to case as whole—Necessary to determine number of issues in application—Invalidity, non-infringement each single issue for purpose of s. 7—Circumstances when leave required must be clear—Factors to determine whether leave should be granted set out—Applicants not establishing reasonably necessary to call more than three experts on infringement of use claims; granting leave for additional experts would be inconsistent with summary nature of proceedings.
Altana Pharma Inc. v. Novopharm Ltd. (T-1836-06, 2007 FC 637, Tabib P., order dated 14/6/07, 26 pp.)