Background:

• Greenblue Urban North America Inc. sought to appeal and vary the Court’s judgment in a previous decision, arguing that the Court did not address its overbreadth arguments related to soil volume claims in Canadian Patents 2552348 and 2829599.

Legal Issues:

• Whether the Federal Court of Appeal should grant an extension of time for the appellant to bring its motion and vary the judgment to allow the appeal based on arguments of overbreadth.

Court’s Analysis and Decision:

• The Court dismissed the motion, citing the appellant's failure to meet the criteria for an extension of time, which include demonstrating a continuing intention to pursue the matter, a reasonable explanation for the delay, some merit to the application, and no prejudice to the opposing party.
• The Court found that the appellant did not have a continuing intention to bring the motion within the ten-day time limit and did not provide a reasonable explanation for the delay.
• The Court also determined that there was no merit to the appellant’s claims of overbreadth, as it had dealt with these arguments in its previous judgment.

Outcome:

• The motion was dismissed with costs, with the Court maintaining its original judgment that dismissed the appellant's appeal. No amount specified.