[9] Although the principle of proportionality was not specifically included in Rule 3 of the Federal Courts Rules at the time that the case management judge made the order under appeal, it was inherent in the Rule: ViiV Healthcare Co. v. Gilead Sciences Canada, Inc., 2021 FCA 122 at para. 18. In accordance with this principle, judges are encouraged to apply the Rules in ways that prevent, eliminate or minimize conduct that causes delay and cost: ViiV Healthcare, above at para. 18; Hryniak v. Mauldin, 2014 SCC 7 at para. 31. Consequently, the case management judge was entitled to have regard to the volume of material that had already been filed on the application, the delays that had occurred to that point, and those that would result from a further expansion of the record.
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