Merck Frosst Canada Inc. v. Canada ( Minister of National Health and Welfare )
T-1306-93
Nadon J.
31/1/95
5 pp.
Applications for leave to file affidavits to which attached as exhibits cross-examination, draft affidavits of Novopharm representatives -- Purpose of affidavits to introduce into record statements made by representatives of Novopharm casting doubt over, or contradicting statements by respondent Apotex in notice of allegations -- Applications dismissed -- As not made on interlocutory motion, affidavits should be limited to facts within deponents' personal knowledge -- Affidavits constituting hearsay -- S.C.C. enunciating exception to hearsay rule in R. v. Khan, [1990] 2 S.C.R. 531 -- Governing principles for admission of hearsay evidence reliability of evidence, necessity: R. v. Smith, [1992] 2 S.C.R. 915 -- No evidence applicants, prior to making present application, made any attempt to obtain from representative of Novopharm affidavit which could be introduced in present record -- Necessary to demonstrate reliability, necessity of hearsay evidence because whenever hearsay admitted into evidence other side effectively deprived of right to cross-examine -- Admitting affidavits into record highly prejudicial to Apotex since applicants not demonstrating necessity -- Necessity component of hearsay exception not demonstrated -- Federal Court Rules, C.R.C., c. 663, R. 332(1).