The plaintiff in a patent infringement action appealed an order of a Case Management Judge that dismissed its motion to require a defence witness to answer questions on cross-examination.
The cross-examination was conducted in the context of a motion about the propriety of redactions applied to emails.
The Case Management Judge found that questions about an initial set of redactions were not relevant to the issues on the motion.
The Federal Court found no palpable and overriding error in the Case Management Judge's conclusion that the questions were improper and that the witness should not be required to re-attend.
The appeal motion was dismissed with costs.
