Issue: JL Energy Transportation Inc. sought leave to argue that a previous decision (Secure Energy) on limitation periods for patent infringement claims should be reconsidered.
Decision: The Alberta Court of Appeal granted leave, allowing JL to argue that the six-year limitation period under the Patent Act should apply instead of the two-year period under the Limitations Act.
Outcome: No monetary award was issued; the decision was procedural, permitting the reconsideration of the legal issue in an upcoming appeal.
2025 ABCA 26:
Issue: The appeal concerned whether JL Energy’s claims were time-barred under the two-year limitation period in the Limitations Act or permitted under the six-year period in the Patent Act.
Decision: The Court of Appeal ruled that the Patent Act’s six-year limitation period applies to patent infringement claims, overturning the previous summary dismissal.
Outcome: The court set aside the dismissal of JL Energy’s claim, allowing it to proceed to trial. The case will now continue to be litigated, and no final monetary award was made at this stage.
Outcome:
Initially, JL Energy was permitted to argue for reconsideration of the legal precedent on limitation periods.
Subsequently, the court ruled in JL Energy’s favor, determining that its claim was not time-barred under Alberta law.
No monetary award has been issued yet, as the case will proceed to trial.
