The Federal Court held that a plaintiff’s lawyer may attend the examination for discovery of a non-party inventor and make objections on the record when the lawyer does not represent the non-party witness. The Court construed the term “person” in the Rules contextually and held that a “person” includes a corporate party to the litigation. And, because Rule 242 permits “a person” to object to questions directed to the inventor, the plaintiff is entitled to do so.
Boehringer Ingelheim (Canada) Ltd. v. Sandoz Canada Inc., 2023 FC 1175