Sentences with phrase «factual evidence cited»

Not exact matches

Discovery may be limited to evidence directly related to factual assertions advanced by either party in the proceeding, including cited documentation, cross-examination, and information inconsistent with positions advanced during the post-grant review proceeding; and either side may move for additional discovery if the parties can not mutually agree.

Citing McCamus, The Law of Contracts, (Toronto: Irwin Law Inc., 2005) at 711, the Court of Appeal was careful to point out that an investigation as to evidence of the surrounding circumstances or the surrounding factual matrix is not dependent on a finding the agreement is itself ambiguous.