McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2021 FCA 4 |
| Date | 14 January 2021 |
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15 practice notes
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Mohr v. National Hockey League, 2022 FCA 145
...legal analysis may be needed to determine if a claim has any reasonable prospect of success (McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4, [2021] F.C.J. No. 37 (QL) at para. 21; Das v. George Weston Limited, 2018 ONCA 1053, 43 E.T.R. (4th) 173 at para. 75; Merck & Co. Inc. v......
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Society of Composers, Authors and Music Publishers of Canada v. Vidéotron Ltée, 2023 FC 1385
...at para 8, leave to appeal ref’d 2016 CanLII 89832 (SCC); Air Muskoka at para 32; McCain Foods Limited v JR Simplot Company, 2021 FCA 4 at paras 57–65, 90–95; Inuksuk I (Ship) v Sealand Marine Electronics Sales and Services Ltd, 2023 FCA 170 at paras [14] While the......
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Kiss v. Canada (Citizenship and Immigration), 2023 FC 562
...that cannot be compensated with costs, and they have a reasonable prospect of success (citing McCain Foods Limited v JR Simplot Company, 2021 FCA 4 [McCain] at para [8] According to the Applicants, allowing the proposed amendments will help to determine the real questions in controversy bet......
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IP Litigation 2020 Year In Review
...Boswell). 2. SALT Canada Inc v. Baker, 2020 FCA 127 at para. 27 (Stratas, Near, Woods JJA). 3. McCain Foods Limited v. JR Simplot Company, 2021 FCA 4 (Locke, Near, Mactavish 4. McCain Foods Limited v. JR Simplot Company, 2021 FCA 4 at para. 88 (Locke, Near, Mactavish JJA). 5. Canmar Foods L......
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12 cases
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Mohr v. National Hockey League, 2022 FCA 145
...legal analysis may be needed to determine if a claim has any reasonable prospect of success (McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4, [2021] F.C.J. No. 37 (QL) at para. 21; Das v. George Weston Limited, 2018 ONCA 1053, 43 E.T.R. (4th) 173 at para. 75; Merck & Co. Inc. v......
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Society of Composers, Authors and Music Publishers of Canada v. Vidéotron Ltée, 2023 FC 1385
...at para 8, leave to appeal ref’d 2016 CanLII 89832 (SCC); Air Muskoka at para 32; McCain Foods Limited v JR Simplot Company, 2021 FCA 4 at paras 57–65, 90–95; Inuksuk I (Ship) v Sealand Marine Electronics Sales and Services Ltd, 2023 FCA 170 at paras [14] While the......
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Kiss v. Canada (Citizenship and Immigration), 2023 FC 562
...that cannot be compensated with costs, and they have a reasonable prospect of success (citing McCain Foods Limited v JR Simplot Company, 2021 FCA 4 [McCain] at para [8] According to the Applicants, allowing the proposed amendments will help to determine the real questions in controversy bet......
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Canada (Attorney General) v. Iris Technologies Inc., 2022 FCA 101
...character of an application is a question of law, reviewable on a correctness standard (McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4, [2021] F.C.J. No. 37 (Q.L.) at para. 65; 744185 Ontario Inc. v. Canada, 2020 FCA 1, 441 D.L.R. (4th) 564 at para. 49). When the grounds of review......
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3 firm's commentaries
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IP Litigation 2020 Year In Review
...Boswell). 2. SALT Canada Inc v. Baker, 2020 FCA 127 at para. 27 (Stratas, Near, Woods JJA). 3. McCain Foods Limited v. JR Simplot Company, 2021 FCA 4 (Locke, Near, Mactavish 4. McCain Foods Limited v. JR Simplot Company, 2021 FCA 4 at para. 88 (Locke, Near, Mactavish JJA). 5. Canmar Foods L......
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Canadian Patent Law 2021: A Round-Up Of Interesting Developments And Court Decisions
...on the resulting patent. Liability for Patent Infringement - Patent Act Subsection 55(1) McCain Foods Limited v J.R. Simplot Company, 2021 FCA 4 Subsection 55(1) of the Patent Act provides that "[a] person who infringes a patent is liable to the patentee and to all persons claiming under th......
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Canadian Patent Law 2021: A Round-Up Of Interesting Developments And Court Decisions
...on the resulting patent. Liability for Patent Infringement - Patent Act Subsection 55(1) McCain Foods Limited v J.R. Simplot Company, 2021 FCA 4 Subsection 55(1) of the Patent Act provides that "[a] person who infringes a patent is liable to the patentee and to all persons claiming under th......