Thermolec Ltée v. Stelpro Design Inc., 2019 FCA 301

Justice Nadon; Justice Boivin; Justice Locke - 2019-12-04

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For the reasons set out below, this appeal will be allowed on the basis that the Federal Court [see 2019 FC 363] erred in refusing to order a stay. On the issue of mootness, we agree with the Federal Court that there remains a live controversy between the parties on the issue of the validity of Canadian Patent No. 2,242,829 (the 829 Patent) despite its expiration. ... The Federal Court indicated that it did not have enough evidence to reach a conclusion on judicial economy. But the Federal Court failed to take into account that the parties, the patent and the legal issues in the action were the same as those in the parallel Quebec proceeding, and much of the work in the two proceedings would have to be duplicated. Moreover, the appellant has undertaken, in the event of a final judgment in the Quebec proceeding on the validity or invalidity of the patent in issue, to consent to a judgment with the same conclusions in the Federal Court action. This could eliminate the need for a separate trial in the Federal Court action.

Decision relates to:


Canadian Intellectual Property