Federal Court of Appeal sets hearings for maritime and intellectual property cases

This week, hearings scheduled before the Federal Court of Appeal and the Federal Court included matters relating to the Canada Marine Act, the Access to Information Act, and patent, copyright, and industrial design infringement allegations.

Federal Court of Appeal

The appeal court set Seismotech IP Holdings Inc. et al v. Rona Inc. et al, A-84-24 on Sept. 9, Monday. This appeal challenged the way that a “sequencing order” allegedly indefinitely postponed the hearing of a motion for class action certification.

The appeal court scheduled Southern Railway of BC Limited v. Vancouver Fraser Port Authority et al., A-213-23 on Sept. 11, Wednesday. The underlying proceeding in this case involved the Canada Marine Act, 1998. The appellant requested the transmission of certain materials possessed by the respondents.

The appeal court set Seismotech IP Holdings Inc. et al. v. Ecobee Technologies ULC, A-277-23 on Sept. 12, Thursday. In this patent case, the appellants wanted to set aside an order granting the motion of the respondent, which requested the court to add it as a defendant in the underlying action or to allow it to intervene.

The appeal court scheduled Seismotech IP Holdings Inc. et al. v. Ecobee Technologies ULC, A-352-23 on Sept. 12, Thursday. In this patent matter, the appellants challenged the dismissal of their motions to disclose the identity of the unknown alleged wrongdoers in two actions.

Federal Court

The court set Australian Mud Company Pty Ltd et al. v. Boart Longyear Group Inc. et al., T-435-22 on Sept. 9, Monday. The underlying bifurcated action alleged the infringement of three patents. The plaintiffs moved to amend their second fresh as amended statement of claim.

Last July 31, in Australian Mud Company Pty Ltd. v. Boart Longyear Group Ltd., 2024 FC 1217, the Federal Court granted the motion and permitted the plaintiffs to add Reflex Instruments Asia Pacific Pty Ltd. as another plaintiff in this proceeding.

The court scheduled TREB v. R E Stats Inc. operating as ReDatum et al., T-898-20 on Sept. 9, Monday. The underlying action claimed copyright infringement, as well as infringement or breach of the plaintiff’s confidential and proprietary rights.

Last July 30, in Toronto Regional Real Estate Board v. R E STATS Inc. (Redatum), 2024 FC 1213, the Federal Court dismissed the motion to strike brought by the defendants and ordered the plaintiff to serve the fresh amended statement of claim accompanied by certain documents

The court set Federation of Asian Canadians Toronto v. Asialicious Holdings Inc. et al., T-1346-21 on Sept. 10, Tuesday. The defendants moved to compel the plaintiff to answer certain discovery questions.

Last June 18, in Federation of Asian Canadians Toronto v. Asialicious Holdings Inc., 2024 FC 933, the Federal Court identified the questions that the plaintiff should answer within a specified time and the questions that it need not answer.

The court scheduled Lukacs v. Minister of Transport, T-799-24 on Sept. 11, Wednesday. The respondent moved to strike a review application under the Access to Information Act, 1985 on the basis that the matter was moot.

Last Aug. 27, in Lukács v. Canada (Transport), 2024 FC 1330, the Federal Court dismissed the motion. The court saw a legitimate factual debate on its remedial powers and the recoverability of a certain email. The court decided that this was not an exceptional case justifying striking the application.

The court set Crocs Canada, Inc. and Crocs Inc. v. Double Diamond Distribution Ltd., T-1662-17 on Sept. 12, Thursday. This dispute involved the validity of the plaintiffs’ industrial design and questioned whether the defendant infringed their exclusive rights in the design during its 10-year term.

On Oct. 21, 2022, in Crocs Canada, Inc. v. Double Diamond Distribution Ltd, 2022 FC 1443, the Federal Court allowed the action of the plaintiffs for infringement and dismissed the defendant’s counterclaim alleging that the design was invalid.