What is the test for internal binding in a personal injury claim?

Canada (Federal), Canada

The following excerpt is from Janssen Inc. v. Teva Canada Limited, 2012 FC 48 (CanLII):

I find that the amount claimed in the present case distinguishes this claim from those in the other proceedings. Although I have found in previous decisions that internal binding is overhead (Bujnowski v. Canada, 2010 FCA 49), I find that this claim for binding and the jurisprudence provided leads me to revisit this issue and not simply disallow it as overhead. On the other hand, I am not able to allow it simply because claims for binding have been allowed in the past. I will therefore reach a determination concerning a reasonable and necessary amount to allow for internal binding, based on the circumstances of this file.

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