CANMAR FOODS LTD. v. TA FOODS LTD., 2021 FCA 7
| Jurisdiction | Federal Jurisdiction (Canada) |
| Court | Court of Appeal (Canada) |
| Citation | 2021 FCA 7 |
| Date | 20 January 2021 |
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40 practice notes
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Canada v. Witchekan Lake First Nation, 2023 FCA 105
...14, [2008] 1 S.C.R. 372 at para. 11 [Lameman]). It must show that no genuine issue for trial exists (CanMar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7, [2021] 1 F.C.R. 799 at para. 27 [CanMar]). If the moving party meets this threshold, then “the evidentiary burden falls on the respondi......
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WESTERN OILFIELD EQUIPMENT RENTALS LTD. and FP MARANGONI INC. v. M-I L.L.C., 2021 FCA 24
...2016 FC 883, 141 C.P.R. (4th) 329 at paras. 79-81). For a broader discussion of this provision, see Canmar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7 at paras 48-77. [20] Section 53.1 came into force in December 2018, upon enactment of the Budget Implementation Act, 2018, No. 2, S.C. 2018, c. ......
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VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC.,
...there is a genuine issue that can only be resolved through the full apparatus of a trial”: Canmar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7 at para. 24. [34] Even if there is a “genuine issue of fact or law for trial with respect to a claim or defence”, the Court may ......
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Janssen Inc. v. Pharmascience Inc., 2022 FC 62
...(Powerblanket) v. Brierley, 2020 FC 997; Gemak Trust v. Gempack Corp., 2020 FC 644; Canmar Foods Ltd. v. TA Foods Ltd., 2019 FC 1233, aff’d 2021 FCA 7]. [41] Finally, Janssen submits that they have been prejudiced by not being provided full discovery of relevant information that lies exclus......
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20 cases
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Canada v. Witchekan Lake First Nation, 2023 FCA 105
...14, [2008] 1 S.C.R. 372 at para. 11 [Lameman]). It must show that no genuine issue for trial exists (CanMar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7, [2021] 1 F.C.R. 799 at para. 27 [CanMar]). If the moving party meets this threshold, then “the evidentiary burden falls on the respondi......
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WESTERN OILFIELD EQUIPMENT RENTALS LTD. and FP MARANGONI INC. v. M-I L.L.C., 2021 FCA 24
...2016 FC 883, 141 C.P.R. (4th) 329 at paras. 79-81). For a broader discussion of this provision, see Canmar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7 at paras 48-77. [20] Section 53.1 came into force in December 2018, upon enactment of the Budget Implementation Act, 2018, No. 2, S.C. 2018, c. ......
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VIIV HEALTHCARE CO. V. GILEAD SCIENCES CANADA, INC.,
...there is a genuine issue that can only be resolved through the full apparatus of a trial”: Canmar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7 at para. 24. [34] Even if there is a “genuine issue of fact or law for trial with respect to a claim or defence”, the Court may ......
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Janssen Inc. v. Pharmascience Inc., 2022 FC 62
...(Powerblanket) v. Brierley, 2020 FC 997; Gemak Trust v. Gempack Corp., 2020 FC 644; Canmar Foods Ltd. v. TA Foods Ltd., 2019 FC 1233, aff’d 2021 FCA 7]. [41] Finally, Janssen submits that they have been prejudiced by not being provided full discovery of relevant information that lies exclus......
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18 firm's commentaries
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IP Litigation 2020 Year In Review
...v. Jempak, 2020 FC 644. 25. Canmar Foods Ltd v TA Foods Ltd., 2019 FC 1233 at paras. 73, 74, 77. 26. Canmar Foods Ltd. v. TA Foods Ltd., 2021 FCA 7 at para. 27. Eli Lilly Canada Inc. v. Mylan Pharmaceuticals ULC, 2020 FC 816 at para. 126 (Justice St-Louis). 28. Eli Lilly Canada Inc. v. Myla......
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Inconsistency Remains The Key To Unlocking The File History. The Federal Court Of Appeal Cautions Against An Over Broad Interpretation Of Section 53.1 In Bauer Hockey Ltd. v. Sport Maska Inc.
...v. Sport Maska Inc., 2021 FCA 166 ("Bauer"), the Federal Court of Appeal has once again cautioned (as it had in Canmar Foods v. TA Foods, 2021 FCA 7) against an expansive view of Section 53.1 of the Patent Act. In his Bauer trial judgment (2020 FC 624), Justice Grammond held that the enactm......
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Inconsistency Remains The Key To Unlocking The File History. The Federal Court Of Appeal Cautions Against An Over Broad Interpretation Of Section 53.1 In Bauer Hockey Ltd. v. Sport Maska Inc.
...v. Sport Maska Inc., 2021 FCA 166 ("Bauer"), the Federal Court of Appeal has once again cautioned (as it had in Canmar Foods v. TA Foods, 2021 FCA 7) against an expansive view of Section 53.1 of the Patent Act. In his Bauer trial judgment (2020 FC 624), Justice Grammond held that the enactm......
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The Markman And The Grandfather: Federal Court Determines Claim Construction By Partial Summary Judgment And Interprets The Prior Use Defence
...to be seen whether the appellate court will uphold this narrow scope. Footnotes 1 Canmar Foods Ltd. v. TA Foods Ltd., 2019 FC 1233, aff'd 2021 FCA 7. 2 ViiV Healthcare Company v. Gilead Sciences Canada, Inc., 2020 FC 486, aff'd 2021 FCA 3 Kobold at paras 112-16. 4 See Realsearch Inc. v. Val......
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