Depuy ( Canada ) Ltd. v. Joint Medical Products Corp.
A-395-95
Hugessen J.A.
27/3/96
4 pp.
Appeal from refusal to grant order for severance pursuant to R. 480-Patent infringement action raising issues of validity-Plaintiffs reserving right to seek accounting of profits-Motions Judge requiring "exceptional circumstances and extraordinarily complex issues"-Appeal allowed-Motions Judge setting threshold too high-Proper test set out in Brouwer Turf Equipment Ltd. v. A and M Sod Supply Ltd., [1977] 1 F.C. 51 (C.A.)-That if severance not ordered, discovery will range across whole of defendants' business involving 15,000 products, although infringement relating to only one, sufficient to tip balance in favour of granting severance-Federal Court Rules, C.R.C., c. 663, R. 480.
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