Salt Canada Inc. v. Baker, 2020 FCA 127

JurisdictionFederal Jurisdiction (Canada)
CourtCourt of Appeal (Canada)
Citation2020 FCA 127
Date28 July 2020
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21 practice notes
  • McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4
    • Canada
    • Court of Appeal (Canada)
    • January 14, 2021
    ...citizens as long as it is done under a sphere of valid federal jurisdiction vested in the Federal Court: Salt Canada Inc. v. Baker, 2020 FCA 127, 2020 CarswellNat 2843 at para. 24 (Salt). However, there must be a specific statutory grant of jurisdiction to the Federal Court. This Court went......
  • Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
    • Canada
    • Federal Court (Canada)
    • July 6, 2023
    ...contractual provision, which the Federal Court of Appeal confirms is within the purview of this Court: Salt Canada Inc. v Baker, 2020 FCA 127 (CanLII), [2020] 4 FCR 279 at paras 24, 40. [236] Further, contrary to Energizer’s position, I am satisfied that the Bunny Brand HA Sticker is......
  • Society of Composers, Authors and Music Publishers of Canada v. Vidéotron Ltée, 2023 FC 1385
    • Canada
    • Federal Court (Canada)
    • October 18, 2023
    ...agreements in exercising their jurisdiction in areas of federal competence, including intellectual property: Salt Canada Inc v Baker, 2020 FCA 127 at paras 15–20, 26. Justice Stratas, for the Court of Appeal, rejected an approach of trying to determine just how much contractual inter......
  • Secure Energy Services Inc. v Canadian Energy Services Inc.,
    • Canada
    • Court of Appeal (Alberta)
    • June 3, 2022
    ...“the party or parties actually entitled to the grant ... might have their rights properly recorded": Salt Canada Inc v Baker, 2020 FCA 127 at para 11, [2020] FCJ No 810 (QL) citing Clopay Corporation and Canadian General Tower Ltd. v Metalix Ltd (1960), 34 C.P.R. 232, 20 Fox Pat......
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14 cases
  • McCain Foods Limited v. J.R. Simplot Company, 2021 FCA 4
    • Canada
    • Court of Appeal (Canada)
    • January 14, 2021
    ...citizens as long as it is done under a sphere of valid federal jurisdiction vested in the Federal Court: Salt Canada Inc. v. Baker, 2020 FCA 127, 2020 CarswellNat 2843 at para. 24 (Salt). However, there must be a specific statutory grant of jurisdiction to the Federal Court. This Court went......
  • Energizer Brands, LLC and Energizer Canada inc. v. Gillette Campany et al., 2023 FC 804
    • Canada
    • Federal Court (Canada)
    • July 6, 2023
    ...contractual provision, which the Federal Court of Appeal confirms is within the purview of this Court: Salt Canada Inc. v Baker, 2020 FCA 127 (CanLII), [2020] 4 FCR 279 at paras 24, 40. [236] Further, contrary to Energizer’s position, I am satisfied that the Bunny Brand HA Sticker is......
  • Society of Composers, Authors and Music Publishers of Canada v. Vidéotron Ltée, 2023 FC 1385
    • Canada
    • Federal Court (Canada)
    • October 18, 2023
    ...agreements in exercising their jurisdiction in areas of federal competence, including intellectual property: Salt Canada Inc v Baker, 2020 FCA 127 at paras 15–20, 26. Justice Stratas, for the Court of Appeal, rejected an approach of trying to determine just how much contractual inter......
  • Secure Energy Services Inc. v Canadian Energy Services Inc.,
    • Canada
    • Court of Appeal (Alberta)
    • June 3, 2022
    ...“the party or parties actually entitled to the grant ... might have their rights properly recorded": Salt Canada Inc v Baker, 2020 FCA 127 at para 11, [2020] FCJ No 810 (QL) citing Clopay Corporation and Canadian General Tower Ltd. v Metalix Ltd (1960), 34 C.P.R. 232, 20 Fox Pat......
  • Request a trial to view additional results
7 firm's commentaries
  • IP Litigation 2020 Year In Review
    • Canada
    • Mondaq Canada
    • January 30, 2021
    ...standard of review.85 No error was found in his decision to use the correctness standard of review. Footnotes 1. SALT Canada Inc v. Baker, 2020 FCA 127 (Stratas, Near, Woods JJA), rev'g 2016 FC 830 (Justice 2. SALT Canada Inc v. Baker, 2020 FCA 127 at para. 27 (Stratas, Near, Woods JJA). 3.......
  • Canadian Patent Law 2020: A Year In Review
    • Canada
    • Mondaq Canada
    • February 11, 2021
    ...ordering the Canadian Patent Office to change the title of the patent. However, the Federal Court of Appeal in Salt Canada Inc v Baker, 2020 FCA 127 unanimously overturned the Lawther precedent. The Federal Court of Appeal held Section 52 of the Patent Act provided the Federal Court with th......
  • Cour D'appel Fédérale : Bien S'r Que Les Cours Fédérales Peuvent Interpréter Les Contrats!
    • Canada
    • Mondaq Canada
    • August 6, 2020
    ...424470 B.C.Ltd. (1995), 60 C.P.R.. (3d) 510, 95 FTR. 81, décision jugée incorrecte par la Cour d'appel fédérale (Salt Canada Inc. v Baker, 2020 FCA 127 au para Originally published 04 August, 2020 About Norton Rose Fulbright Canada LLP Norton Rose Fulbright is a global law firm. We provide ......
  • Out With The New, In With The Old: The F.C.A. Provides Clarity On Its Ability To Interpret Contracts
    • Canada
    • Mondaq Canada
    • July 30, 2020
    ...28, 2020, the Canadian Federal Court of Appeal delivered its much anticipated decision in SALT Canada Inc v John W Baker, 2020 FCA 127 ("Salt") with regard the Federal Court's ability to interpret contracts, licenses, and other contractual documents in proceedings made pursuant to statutory......
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