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Evidence—Appeal from Prothonotary’s decision on scheduling matters—Federal Courts Rules, SOR/98-106 recently interpreted as permitting case management prothonotary to vary order of presentation of evidence where satisfied variation necessary for just, most expeditious, least expensive determination of proceedings—Reversal of order of evidence also explicitly contemplated in Federal Court Practice Direction with respect to Notice of Compliance proceedings effective January 7, 2008—Prothonotary therefore had jurisdiction to reverse order of presentation of evidence—Appeal dismissed.
Eli Lilly Canada Inc. v. Novopharm Ltd. (T-703-08, 2008 FC 875, Tremblay-Lamer J., order dated July 16, 2008, 9 pp.)
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