The plaintiff’s valuation of damages assumes the defendant to have not met the burden of proving that any gain is unrelated to the breaches of fiduciary duty and passing-off or that any amount should be deducted from their gains to date by reason of apportionment. [Bayer Aktiengesellschaft v. Apotex Inc., [2001] O.T.C. 2 at ¶12-17]
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