Comparative Guides
Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.
Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.
Start by selecting your Topic of interest below. Then choose your Regions and finally refine the exact Subjects you are seeking clarity on to view detailed analysis provided by our carefully selected internationally recognised experts.
Results: 4 Answers
Patents
7.
Discovery
7.1
Is discovery available during litigation?
 
Canada
Yes.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP
7.2
What kinds of discovery are available?
 
Canada
Each party to litigation must produce documents that are in its possession, power or control and are potentially relevant to an issue in the litigation. Each party is entitled to examine for discovery a single representative of each party that is adverse in interest. Additionally, a party that is accused of infringement is entitled to examine any inventor(s) named in the asserted patent. Lastly, in certain circumstances, the court will grant leave for the examination of a non-party.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP
7.3
Are there any limitations to the amount of discovery allowed?
 
Canada
Yes. Canadian courts apply the principle of proportionality to discovery such that the potential relevance of a document or line of inquiry on an examination is weighed against the effort involved in responding to the request.

For more information about this answer please contact: Anthony Prenol from Blake, Cassels & Graydon LLP