Summary: This case involves a patent infringement dispute between Gemak Trust and Jempak Corporation, focusing on Canadian patents related to detergent compositions. The case details include a motion by Jempak to file additional affidavit evidence and representations to support a pending bifurcation motion, which aims to separate the issues of liability from remedies and damages.

Key Points:

• Background: The litigation began on July 3, 2018. Jempak's bifurcation motion was initially filed in December 2018 but was adjourned pending a summary judgment motion filed by Jempak in January 2019, which was later set aside by the Federal Court of Appeal in August 2022.
• Motion Details: Jempak seeks to introduce a new affidavit including various exhibits related to the ongoing case. The court reviewed whether these additional documents should be allowed into the record, focusing on factors such as their relevance, timing, and potential prejudice.
• Court Ruling: The court permitted the filing of some uncontested exhibits but denied the inclusion of others that Jempak could have introduced earlier in the litigation. This decision was based on the criteria that the new evidence must assist the court without causing undue prejudice and should have been presented earlier if available.

Outcome: The court allowed parts of Jempak’s motion to include specific, uncontested documents in their new affidavit but rejected other parts where Jempak failed to justify the necessity of late submission. The case emphasizes the importance of timely evidence submission and the court's discretion in managing procedural fairness in ongoing litigation. Costs fixed in the amount of $3,500 payable to GEMAK .