The Respondent brought a motion to strike three affidavits filed by the Applicant in an underlying application for judicial review of a redetermination decision of the Patented Medicine Prices Review Board.
The Court granted the motion in part, striking the affidavit of the Applicant's patent expert in full and portions of a regulatory expert affidavit on the basis that they provided improper opinion evidence that sought to argue against the merits of the tribunal's decision.
The Court allowed a fact witness affidavit to stand as it provided non-controversial background information.
