Teva Canada Limited v Janssen Inc et al 2017 FC 437

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Note

Teva was denied a confidentiality order, pursuant to Federal Courts Rule 151. Prothonotary Tabib cited the open court principle and admonished counsel for failure to uphold fundamental principles of justice including public interest in public and accessible court proceedings.

Decision Summary

Teva, after both parties had improperly filed materials under seal, brought a belated motion for a confidentiality order in respect of its information. The relief requested overreached, and greatly exceeded the scope of the evidence filed to support it. Given an opportunity to adjust its ask or provide appropriate support, Teva filed what can only be characterized as inaccurate and misleading evidence, bringing into question and irrevocably tainting the credibility and reliability of all the evidence adduced in support of its motion. As a result, the Court cannot be satisfied that the materials at issue should be treated as confidential notwithstanding the public interest in open and accessible court proceedings.
For these reasons...Teva's motion is dismissed, and the material filed by the parties under seal will be placed on the open court record. The parties' request to remove certain parts of the record is however granted, and these portions will be removed before the remaining parts of the records are unsealed.

References

See: Teva Canada Limited v Janssen Inc et al 2017 FC 437

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