The Federal Court of Appeal on line site was updated this morning to show a response filed by the Crown on November 18 to the McKesson notice of motion to amend its Notice of Appeal and to file a Supplementary Factum on the recusal issue:
2014-11-18 Montréal Covering letter from Respondent dated 18-NOV-2014 concerning Doc. Nos. 37 38 39 placed on file on 18-NOV-2014
39 2014-11-18 Montréal Motion Record in response to Motion Doc. No. 32 containing the following original document(s): 38 Number of copies received: 3 on behalf of Respondent filed on 18-NOV-2014 with proof of service on Appellant on 17-NOV-2014
38 2014-11-18 Montréal Written representations contained within a Motion Record on behalf of the respondent in opposition to Motion in writing (doc.#32) filed on 18-NOV-2014
37 2014-11-18 Montréal Consent to an extension of time to file the Respondent’s Motion Record in response to Motion Record in writing (doc.#32) pursuant to rule 7 of the Federal Courts Rules on behalf of the appellant filed on 18-NOV-2014
Many thanks to Olivier Fournier of Deloitte Tax Law LLP who just drew this to my attention. I will post a copy of the materials once I receive one.