Reply evidence allowed under reserve of objection in Louis Dreyfus Company and CN Railway dispute
In Justice Diner’s decision in Louis Dreyfus Company v CN Railway Company, LDC was granted permission to file its reply evidence. The...Read More
Preventous saga continued: Audit reports not “supplied” and not “confidential” under s 20(1)(b)
The Federal Court dismissed the judicial review by Preventous Collaborative Health, Provital Health and Copeman Healthcare Centre after their half-decade-long saga to...Read More
Information in the redacted acknowledgment is not confidential
In a motion related to Apotex’s generic cladribine submission, EMD Serono seeks a declaration that a redacted version of the Acknowledgement and...Read More
Preventous’ fishing expedition (v Canada): Hook, line, and sinker-but no catch
The Federal Court dismissed a Federal Courts Rule 51 appeal by Preventous Collaborative Health, which sought the production of documents from Health...Read More
Time warp on the Patent Register: Amendments to Bayer’s aflibercept judicial review
In two judicial reviews considering when a first person’s patent is determined to be eligible for the Patent Register, and when a...Read More
Time warp on the patent register: Amendments to EMD Serono’s MAVENCLAD judicial review
This is one of two motions relating to judicial reviews that considered when a first person’s patent is eligible for listing on...Read More
Seven years of delay invites dismissal
On April 25, 2017, Vermillion filed an application seeking expungement of Green Circle’s Green Circle Salons and Design mark. Seven years later,...Read More
Rejected allegations on insufficiency: The importance of clarity, specificity, and timeliness in amending pleadings
ProSlide Technology Inc. v WhiteWater West Industries Ltd. is an appeal of an Associate Judge’s Order denying WhiteWater’s motion to amend its...Read More
A bittersweet default judgment for Honey
The Federal Court granted default judgment in favour of Heather McDowell, owner of Toronto-based fashion boutique Honey, against the online boutique “A...Read More
Exchanging documents before discovery: A simplified procedure
In Rosebrook v Hill Times Publishing Inc., the Federal Court addressed whether a plaintiff (“Rosebrook”) is required to serve the defendant (“Canadian...Read More
Canadian Copyright Act draws the line between Rio Tinto and foreign author
GE commenced a copyright infringement action against Canmec, asserting ownership of copyright in 33 manufacturing drawings relating to butterfly valves. GE claimed...Read More
Supreme Court finds Ontario mandate letters are cabinet deliberations
The majority of the Supreme Court found that mandate letters from the Ontario Premier to his cabinet were confidences and exempt from...Read More
A one-two pulse for Takeda’s dexlansoprazole patent found not infringed and invalid
The Federal Court found Takeda’s Canadian Patent No. 2,570,916 to be invalid for lack of utility and sufficient disclosure and to be...Read More
Preventous et al. still unsuccessful in accessing information to support their judicial review
The Federal Court of Appeal continues to decline the efforts of three private health clinics to obtain information from Health Canada to...Read More
Federal Court finds US supply disruptions relevant to Apotex’s ability to supply the Canadian abiraterone market
In the context of Apotex’s section 8 action against Janssen, Janssen brought a motion under Rule 51 of the Federal Courts Rules...Read More
Abuse of process remains alive under the Regulations
The Federal Court of Appeal’s decision in Janssen v. Apotex (here) harkens back to its 2007 decision Sanofi-Aventis v Novopharm (here) and...Read More
Adidas cannot use “Terrex” name for W. 4th Ave store in Vancouver
The British Columbia Supreme Court issued an interlocutory injunction against adidas Canada, restraining it from using “TERREX” as the name of its...Read More
Admissibility of expert evidence is best left to the trial judge
McCain commenced a patent infringement action against Simplot, asserting that Simplot had infringed McCain’s 841 Patent directed to a process used for...Read More
Apotex receives divided success on its motion to amend on the eve of trial
With only a few days remaining before trial, Apotex brought a motion to amend its Further Amended Statement of Defence to include...Read More
Lack of Success is Not Evidence of Bias
Christopher Johnson, a self-represented Plaintiff, commenced a copyright infringement action in November 2021 against several defendants, including the Canadian Tennis Association (“Tennis...Read More
Federal Court Confirms Defendants’ Right to Challenge Non-Asserted Claims in PM(NOC) Actions
The Federal Court has recently affirmed by way of summary judgment motion that a Defendant to an action commenced under the Patented...Read More
Do it yourself: Court clarifies obligations of party that breaches protective order and implied undertaking
In Molo v Chanel, Associate Justice Tabib clarified what a party is required to do when it has breached a protective order....Read More
Federal Court takes Rovi’s IPTV patents off the air
Justice Lafrenière dismissed Rovi’s infringement actions and granted the defendants’ counterclaims for declarations of invalidity, holding that nothing in the asserted claims...Read More
Relief from the implied undertaking required before varying a confidentiality order
The Federal Court found it was inappropriate to vary the Protective and Confidentiality Order in the original action brought by Janssen against...Read More
Norwich Orders are not a Second Stab at Discovery
In the context of Worthware’s action against Raysoft for inducing patent infringement, Worthware brought a motion for a Norwich Order under Rules...Read More