What is the test for bifurcation of Section 8 Damages?
Canada (Federal), Canada
The following excerpt is from Apotex Inc v. Pfizer Canada Inc, 2014 FC 159 (CanLII):
This is what occurred in Apotex v. Merck. While that was only a Section 8 Damages case the parties must have understood that determining the period of Section 8 Damages would be beneficial. Given the proposed order and the facts of the case, I am not persuaded on a balance of probabilities that the issues are so inextricably interwoven so as to defeat the utility of bifurcation.
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