Munchkin, Inc. v. Angelcare Canada Inc., 2021 FCA 169
Justice Locke - 2021-08-20
Read full decision. Automatically generated summary:
The respondents move to quash the present appeal as premature and outside this Court’s jurisdiction. The appeal concerns ... [2021 FC 238] during the lengthy trial of a patent infringement action in the Federal Court. The Order dismissed a motion by the appellants to exclude certain testimony. The notice of appeal was filed on March 29, 2021. The trial concluded on April 30, 2021. A final judgment on the trial has not yet issued. ... This Court in Saint John Shipbuilding and in Buffalo found that an evidentiary ruling during trial was neither a final judgment nor an interlocutory judgment (per subsection 27(1) of the Federal Courts Act), and therefore could not be appealed separately from an appeal from the trial judgment, even if it was reduced to writing. ... Because the present appeal may be dismissed for lack of jurisdiction, or could become unnecessary following the trial judgment, a stay of this appeal pending the trial judgment may be a practical means of avoiding the risk of wasted resources.
Decision relates to:
- A-92-21 - MUNCHKIN INC., ET AL. v. ANGELCARE CANADA INC., et al. which is an appeal from 2021 FC 238 in T-151-16
- T-151-16 - ANGELCARE DEVELOPMENT INC. ET AL. v. MUNCHKIN, INC ET AL.