The Bayer and Johnson & Johnson Defendants brought motions under Rule 59.06 of the Ontario Rules of Civil Procedure to amend or vary a previous order dated October 4, 2023, which had declined to dismiss the plaintiff's extensive claims under Rule 2.1.
The defendants argued that the prior decision contained errors or oversights, specifically regarding the omission of a Federal Court Statement of Claim and the court's comments on limitation periods.
The court dismissed both motions, reiterating that Rule 59.06 is intended for clerical or accidental errors in memorializing a decision, not for re-evaluating the reasoning itself.
The court clarified that its previous comments on limitation periods were not a final determination and did not preclude the defendants from raising such a defence at a later stage.
